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(영문) 제주지방법원 2019.06.21 2018고단2933
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 March 9, 2009, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Jeju District Court, and a summary order of KRW 2.5 million for the same crime at the same court on March 27, 2014.

[Criminal Facts] On October 9, 2018, 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 alcohol at around 06:40% of the blood alcohol concentration of 0.291% on October 9, 2018, the Defendant driven a f body-man car at the section of about 39 km in front of Jeju City through the roads front of the Dju station located in Jeju City through the roads in front of Jeju City.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Entry of the written statement related to traffic accidents prepared G;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of a driver with a drinking driver, investigation report, investigation report, inquiry into the results of the crackdown on drinking driving, and report on a traffic accident;

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to the investigation report (including attached documents) on the preparation of the prosecution;

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. 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 applicable sentences under the law 【The scope of imprisonment with prison labor for six months or one year or six months or more (in the case of discretionary mitigation) 【Pronouncement of Sentence 10 months or more: The condition unfavorable to two years of suspended sentence: the first head’s criminal records as stated in the judgment of the Defendant.

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