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(영문) 제주지방법원 2019.10.25 2019고단1573
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

[criminal record] On August 31, 2006, the defendant was issued a summary order of 700,000 won for the crime of violation of the Road Traffic Act at the Jeju District Court, and on May 29, 2009, sentenced to a fine of 3 million won for the same crime by the same court.

[Criminal Facts] On May 16, 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 0.082% of blood alcohol level on May 16, 2019, and was driving DNY125D 125c motor vehicles at approximately 4km from the front of the road located in Seopopo City B in Seopopo City, Seopopo City, Seopo-si, Annpo City, Seopo-si, Annpo City, Seopo-si, Annpo City, Seopo-si, Gopo-si.

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 the situation of a driver taken-off in police preparation, investigation report, and notification of the results of the regulation of drinking driving; and

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes (including attached documents), entry of investigation reports on the preparation of a prosecutor's office (attached documents, such as judgments on criminal records of the same kind of crime);

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. 16037, Dec. 24, 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 sentence to be sentenced under the law】 Imprisonment with prison labor for six months or one year and six months from one year and six months (in case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment for eight months: In addition to the first head of the judgment, the defendant issued a summary order of KRW 1 million on March 13, 1998 on the ground of a violation of the Road Traffic Act from the Jeju District Court on March 13, 1998; and from the same court on November 30, 2001.

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