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(영문) 제주지방법원 2020.04.03 2020고단129

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On October 26, 2007, the defendant was sentenced to a summary order of 2.5 million won for a crime of violation of the Road Traffic Act (driving without a license) at the Ansan District Court's Ansan Branch, and on September 15, 2015, the defendant was sentenced to a suspended sentence of 2 years for 8 months for a crime of violation of the Road Traffic Act (driving without a license).

[Criminal Facts] On January 9, 2020, under the influence of alcohol 0.090%, the Defendant started from the front of Seopopo-si Blle, Seopo-si, and driven Epo-II truck from a distance of about 7 km to the front road in Seopo-si, Seopo-si, and violated Article 44(1) of the Road Traffic Act not less than 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. Report on the occurrence of a traffic accident by police officers, the department related to the report of 112 case, the traffic accident report, the circumstantial statement of a drinking driver, the investigation report, and the notification of the results of the control of drinking driving, respectively;

1. Each image of the related photographs;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes (including attached documents) of investigation report made by the prosecutor into the preparation of the prosecution, and attachment of facts to the police;

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 Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act,” and Article 69 of the Act on Probation, Etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Criminal Act” 【The Decision of the Sentence of the Punishment of the Punishment of the Punishment of the Sentence of the Criminal Act 【The Decision of the Punishment of the Sentence of the Punishment of the Sentence of the Criminal Act 【The Reasons for the Punishment of