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(영문) 제주지방법원 2019.10.11 2019고단1399

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 April 13, 201, the Defendant issued a summary order of KRW 700,000,000 for a fine for a violation of the Road Traffic Act at the Jeju District Court, and a summary order of KRW 1.5 million for the same crime at the same court on December 18, 2015.

[Criminal Facts] On June 13, 2019, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 0.07% of the blood alcohol concentration at around 20:25 on June 13, 2019, the Defendant driven a mae-car in the section of approximately 300 meters from the roads front of the Jeju City to the roads front of the D cafeteria located in the Jeju City.

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. To make inquiries into the results of the control of drinking and driving conducted by the police, the circumstantial statement of the drinking driver, the report on detection of the drinking driver, and the report on investigation; and

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to investigation report (including attached documents) on the preparation of a prosecutor's office;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of sentence under law】 One year or three years of imprisonment with prison labor; 1 year or three years of imprisonment with prison labor; 2 years of imprisonment with prison labor; Defendant, in addition to the first head’s criminal record in the judgment, shall be sentenced to a summary order of KRW 1 million from the Jeju District Court on May 16, 1996 to a fine of KRW 1 million for a violation of the Road Traffic Act; a summary order of KRW 700,000 from the same court on October 8, 1999 to a fine of KRW 1 million for the same crime; and a summary order of KRW 1 million from the same court on February 20, 201 to a violation of the Road Traffic Act.