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(영문) 제주지방법원 2020.11.06 2020고단1985

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On March 28, 2016, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On August 2, 2020, at around 02:58, the Defendant, while under the influence of alcohol of 0.11%, was driving a DNA car at approximately 1.3 km away from the roads near the C convenience store located in Seopopo-si B to the roads near the Seopo-si 224-33, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry into police preparation reports on the circumstantial statement of the driver, investigation reports (report on the circumstances of the driver), and notification of the results of the crackdown on the driving of alcohol; and

1. Previous records: Entry of inquiry reports into police preparation, application of Acts and subordinate statutes (including attached documents) entry of investigation reports (including filing of the same type of summary orders) on the preparation of a public prosecutor;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. 【Scope of the Punishment on the Law’s Punishment】 Imprisonment with prison labor for one year or two years or six months (in cases of discretionary mitigation) 【Pronouncement of a Sentence 1 year or two years or six months (in cases of discretionary mitigation)’s imprisonment with prison labor for one year: The defendant has a record of being issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act from the Jeju District Court on July 14, 2015, in addition to the first head of the judgment of the court in the judgment of the defendant, for whom a fine of 1.5 million won was issued by the Jeju District Court on July 14, 2015; the numerical value of blood alcohol concentration measured by the defendant at the time of