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(영문) 제주지방법원 2021.01.29 2020고단2748
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

[Power of crime] On October 12, 2009, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (refluence of alcohol measurement) at the Goyang Branch of the Jung-gu District Court.

[The facts of the crime] On October 27, 2020, the Defendant violated Article 44(1) or (2) of the Road Traffic Act by driving a CTball-type car at approximately 1 km from the road near the KTball-type Han River in Jeju-si, the Hando-type, the Han River Do-type, the Han River Do-type, which was located in 651, under the influence of alcohol level 0.186% of the alcohol level among the blood transfusion around 04:40, to the front day of the Jeju-si, on at least two occasions.

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 the situation of the driver at the police station preparation, investigation report (report on the situation of the driver at the police station), and inquiry into the results of crackdown on drinking driving; and

1. Each image of the related photographs;

1. Previous convictions: Descriptions of a written reply to inquiries made by the police made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecution (Attachment of summary order to the record of refusal to measure drinking);

1. Relevant legal provisions and Articles 148-2(1), 44(1) and 44(2) 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 the Course of Education / [Scope of the statutory applicable sentences] / Imprisonment with prison labor for one year to two years (in cases of mitigation of a certain amount), / one year and six months (in cases of mitigation of a certain amount), / one year of suspended sentence / two years of suspended sentence : A summary order of a fine of one million won shall be issued by the Cheongju District Court on November 20, 2009, in addition to the first head of the judgment of the Defendant, for crimes of violation of the Road Traffic Act (unlicensed Driving) from the Cheongju District Court on April 14, 2010.

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