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(영문) 제주지방법원 2020.09.25 2020고단1540
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On May 7, 2020, the Defendant driven from the roads near the “C” in Jeju City to the front of the Jeju City, the alcohol level of 0.135% under the influence of alcohol at 0.135% on May 7, 202, the Defendant driven the Ew high-class truck from approximately 2km to the front of 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. Application of each Act and subordinate statute as stated in the circumstantial statement, investigation report, investigation report (report on the circumstances of a drinking driver) made by police officers, and the record of the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects 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】 Six months to one year (in case of discretionary mitigation), 【The sentence to be sentenced’s imprisonment for 8 months] A summary order of 500,000 won which is disadvantageous to the defendant as a violation of the Road Traffic Act from the Jeju District Court on September 27, 1993; a summary order of 500,000 won for the same crime from the same court on November 20, 193; a summary order of 1.5 million won for the same crime from the same court on December 16, 1996; a summary order of 1.5 million won for the same crime from the same court on August 1, 2005; a traffic accident order of 1.5 million won for the defendant to be sentenced to a fine from the same court on August 1, 2005; and a relatively high level of alcohol level of the defendant's alcohol at the time of the crime of this case.

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