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(영문) 제주지방법원 2019.08.16 2019고단926
도로교통법위반(음주측정거부)
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

On February 14, 2019, around 21:05, the Defendant: (a) was a police officer of the Jeju Western Police Station, who was under the influence of alcohol while driving a CM3 vehicle in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, which was in possession of the No.SM3 vehicle in front of the No.S. In addition, the Defendant was under the influence of alcohol on four minutes from 21:20 to 21:50 on February 14, 2019; (b) the Defendant was under the influence of alcohol; and (c) the Defendant was under the influence of alcohol; and (d) the Defendant was under the influence of alcohol on four minutes from 21:20 on the same day; and (d) the Defendant was under the influence of alcohol so that he was under the influence of alcohol, but did not

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of investigation report (determination of images at the time of regulation) prepared by the police;

1. Application of the Acts and subordinate statutes described in the situation report of a driver of the police station, investigation report, copy of the usage register of a breath measuring instrument, and application of the said Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) 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 Punishment of the Criminal Act,” and Article 69 of the Act on Probation, Etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act, 【The Punishment of the Sentence of the Punishment of the Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act, 【The Punishment of the Sentence of the Punishment of the Sentence of the Punishment of the Punishment of the Criminal Act’s 6 months or 1 year and 6 months (in case of discretionary mitigation) : the defendant has the record of being sentenced to a summary order of 1.5 million won of a fine

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