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(영문) 제주지방법원 2021.01.22 2020고단2510
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 10, 2008, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of KRW 5 million for the same crime at the same court on March 6, 2017.

[The facts of the crime] On August 31, 2020, the Defendant, while under the influence of alcohol of 0.150% in blood, violated Article 44(1) of the Road Traffic Act at least twice, by driving the E-wing and three cargo vehicles from the front road of the “C” located in Seopo-si B in Seopo-si, Seopo-si to D in Seopo-si, Seopo-si.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination protocol against the defendant prepared by the police;

1. Statement report on the situation of the driver at the police station, investigation report (report on the situation of the driver at the police station), and notification of the results of regulating drinking driving; and

1. Previous conviction: Statement of a response to inquiries made by the police made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecutor (a confirmation of the criminal records of the suspect in the same kind of crime).

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Course of Education / The scope of a statutory applicable sentences / [the scope of a statutory applicable sentences ] 1 year to 2 years and 6 months (in the case of mitigation of a certain amount) / 1 year to 1 year to 2 years to 1 year to 2 years to 2 years to 2 years to : In addition to the first head of the judgment of the Defendant, the order of summary order of KRW 500,000 to 50,000 to be the violation of the Road Traffic Act from the Jeju District Court on May 4, 1995 by the same court on December 21, 1995

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