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(영문) 제주지방법원 2020.05.22 2020고단632
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On July 20, 2012, the prosecutor stated in the indictment that “the June 18, 2012.” However, according to Article 56 of the evidence records, it is obvious that the Defendant is a clerical error of “the July 20, 2012.”

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, it should be stated as above without the amendment process.

In the Jeju District Court, the summary order of a fine of three million won for the crime of violation of the Road Traffic Act (driving) is stated in the indictment, and on March 4, 2016, the prosecutor stated that “the December 30, 2015.” However, according to the face of Article 56 of the evidence record, it is evident that “the March 4, 2016.” is a clerical error in the indictment.

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, it should be stated as above without the amendment process.

A summary order of fine of three million won was issued in the same court for the same crime.

[Criminal Facts] On February 20, 2020, the Defendant, while under the influence of alcohol at 0.054% of blood alcohol level on February 17, 2020, driven DNA Lone Star vehicle at the front of the restaurant located in Jeju City B, 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. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident prepared by police officers, inquiry into the results of the regulation on drinking and driving, statement on the circumstances of a drinking driver, investigation report, and report on a traffic accident (report on the circumstances of a drinking driver), each entry;

1. Each image of an accident site photograph;

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

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. Suspension of execution;

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