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(영문) 제주지방법원 2019.05.24 2018고단2531
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On December 7, 2007, the defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, and on March 26, 2010, a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in the leisure branch of the Suwon District Court.

[Criminal Facts] On May 21, 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 driving a f radar car at a level of approximately 100 meters from the front road of Jeju City to the front road located in D while under the influence of alcohol at a level of 0.113% under the influence of alcohol at around 22:40 on May 21, 2018.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the police preparation G, each protocol of examination of suspect against the accused;

1. Statement of the situation of a driver taken-off in the police preparation, investigation report, and statement of the results of the crackdown on drunk driving; and

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to investigation reports (including attached documents) on the preparation of a prosecutor's office (including the suspect's previous records and reports);

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. 【Scope of the Sentence of the Punishment of the Punishment of the Criminal Act,” and Article 69 of the Act on Probation, etc. 【Determination of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Procedure” 【Determination of the Punishment of the Punishment of the Punishment of the Sentence 6 months to 1 year and 6 months (in case of discretionary mitigation) . As seen in the first head’s criminal records, the Defendant had been punished twice as a crime of violation of the Road Traffic Act (driving of the Motor Vehicle)

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