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(영문) 제주지방법원 2020.08.28 2020고단1319
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two 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 August 31, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On December 19, 2019, the Defendant, while under the influence of alcohol at 00:26% of alcohol level, was in violation of Article 44(1) of the Road Traffic Act at least twice, by driving a DNA Grand Cross at approximately 11km in the section near the 2ndic road located in the Dong-ri 748-2, from the roads near the Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Entry into police preparation on the results of the regulation of drinking driving, report on the handling of 112 incidents, report on traffic accident, report on the circumstances of drinking drivers, investigation report, report on drinking driving under the influence of alcohol, and notification on the results of the regulation of drinking driving;

1. Each image of an accident site photograph;

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

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. 【The scope of the sentence to be sentenced under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced 【The Pronouncement’s imprisonment for one year and one year’s imprisonment: The defendant has a record of having been issued a summary order of 300,000 won from the Seoul Central District Court on June 23, 2008 due to a violation of the Road Traffic Act (unlicensed Driving) in addition to the first head in the judgment of the court.

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