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(영문) 제주지방법원 2019.05.31 2018고단2674
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 November 8, 2018, at around 01:17, the Defendant, while under the influence of alcohol of 0.101% of blood alcohol content, driven a DM7 car from around the later side of the C University located in Jeju City B to the front intersection of the same university.

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. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident prepared by police officers, report on a traffic accident, report on the situation of a drinking driver, investigation report, notification on the results of the control of drinking driving, and entry in each protocol of the results of the control of drinking driving;

1. Application of each video statute to a scene photograph;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 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., 【The scope of the sentence to be sentenced under the law” 【The sentence to be sentenced for three months or six months or six months (in case of discretionary mitigation) 【The sentence to be sentenced for one year or more: although the defendant was ordered by the Jeju District Court on April 3, 2017 to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, he committed the instant crime only one year and seven months; the blood alcohol concentration measured by the defendant at the time of the instant crime; the Defendant’s blood alcohol concentration is equal to the revocation level of the license; the Defendant’s favorable circumstances in which the instant crime was committed by traffic accidents: the Defendant recognized and divided his mistake; the degree of traffic accidents that led to the occurrence of the instant crime is insignificant.

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