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(영문) 제주지방법원 2019.07.12 2019고단334

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[criminal record] On June 8, 2007, the defendant issued a summary order of a fine of three million won to the Jeju District Court for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and on October 10, 2008, the same court issued a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act (driving without a license).

[Criminal Facts] On January 25, 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 09:29:29% of the blood alcohol concentration of 0.05%, and was driving the F Cargo Vehicle at the section of approximately 1km from the front of the “Cagency” in Jeju City B to the front of the “E” located in D at Jeju.

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. A written statement of the G production;

1. Statement of the circumstances of a drinking driver prepared by the police, investigation report, report on detection of a drinking driver, report on 112 case handling records, and report on the results of the control of drinking driving; and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecution (including attachment of a copy of summary order of the same kind of power);

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. 15530, Mar. 27, 2018);

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 Criminal Act,” and Article 69 of the Act on Probation, etc. 【The Punishment of the Punishment of the Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act, 【Discretionary mitigation” 【The Decision of the Punishment of the Punishment of the Punishment of the Criminal Act, 【The