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(영문) 제주지방법원 2020.01.17 2019고단2148
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 Records] On February 3, 2017, the Defendant was issued a summary order of KRW 1,50,000 by the Jeju District Court to a fine for a violation of the Road Traffic Act.

[Criminal Facts] On September 30, 2019, the Defendant, while under the influence of alcohol at 0.088% of blood alcohol level on September 30, 2019, driving the Jeju Comprehensive Athletic Ground in Jeju City, 3817-2, to the front roads in Jeju City, from Jeju Island to the front roads in Jeju City, and violated Article 44(1) or (2) of the Road Traffic Act by driving the DPoter Ⅱ, which is owned by Jeju 6km, on two or more occasions.

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. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the situation of a drinking driver, investigation report, investigation report (report on the circumstances of a drinking driver), and report on the results of the crackdown on Drinking Driving; and

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 provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced’s imprisonment with prison labor for one year and two years and six months (in the case of discretionary mitigation): In addition to the first head’s criminal record as indicated in the judgment of the Defendant, there was a record of issuing a summary order of KRW 300,000 from the Jeju District Court on August 17, 1993 to the crime of violating the Road Traffic Act; and the Defendant committed the crime of this case by causing a traffic accident subject to the centralization of the road while driving under the influence of alcohol.

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