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(영문) 제주지방법원 2021.01.22 2020고단2460
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 Records] On November 18, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating Road Traffic Act (driving) at the Seoul Central District Court.

[Fact of crime] On September 18, 2020, the Defendant, while under the influence of alcohol level of 0.191% from the blood alcohol level around 06:41 on September 18, 2020, operated DK5 cars from around 340 meters to the front road of the Jeju-si apartment, and violated Article 44(1) of the Road Traffic Act at least twice.

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 of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident at police preparation, report on the situation of the driver at driving at police, investigation report, report on a traffic accident (report on the actual condition of the driver at driving at police), report on the detection of the driver at driving at police, and inquiry into the results of crackdown on driving at drinking on October 7, 2020; and

1. Statement of the appraisal report prepared by the appraiser GH affiliated with the F of the National Research and Investigative Institute;

1. Each image of an accident scene photograph;

1. Previous conviction: Entry in a reply note made by the police to inquire about the preparation of the police, application of Acts and subordinate statutes to the investigation report made by the prosecution (in addition, a copy of the summary order of the same crime) (including attached documents);

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 Courses 【Scope of a Statutory applicable sentences】 【1 year to 2 years and 6 months (in the case of mitigation of amount, referring to reduction of amount)’s imprisonment, 1 year to 1 year to 2 years to 2 years to 2 years to 2 years to 2 years of suspended sentence: the Cheongju District Court on March 17, 2017 in addition to the first head of the judgment of the Defendant.

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