logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.08.23 2019고단975
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

At around 20:40 on March 8, 2019, the Defendant driven the E Malaysia at a section of approximately 800 meters from the front of the “C” restaurant located in Jeju-si B to the front of the D hotel in Jeju-si, while under the influence of alcohol by 0.208% of blood alcohol content.

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 prepared by police officers, report on the traffic accident, report on the situation of a drinking driver, investigation report, and report on the results of the crackdown on Drinking Driving, each entry into the police stations;

1. Application of each of the related visual Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 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., 【The scope of the applicable sentences under the law 【The extent of the sentence under the law 】 Imprisonment with prison labor for six months or one year and six months (in the case of discretionary mitigation) 【Pronouncement of sentence 】 The defendant has a record of having been issued a summary order of one million won as a fine for a violation of the Road Traffic Act at the Jeju District Court on January 31, 2013; the defendant committed the instant crime by causing a traffic accident involving street, etc. while driving under the influence of alcohol; the defendant committed the instant crime; the circumstance in which blood alcohol content measured by the defendant at the time of the instant crime is superior to 0.208%: The fact that the defendant recognized his mistake and appears to have been divided; the damage was recovered due to the traffic accident that was discovered at the time of the instant crime; and the distance of the Defendant driving under the influence of alcohol at the time of the instant crime.

arrow