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(영문) 제주지방법원 2021.02.04 2020고단2699
도로교통법위반(음주운전)등
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

1. On August 27, 2020, the Defendant violated the Road Traffic Act (drinking) driving the E rocketing car under the influence of alcohol level 0.220% while under the influence of alcohol level 0.220% in front of the parking lot in Jeju.

2. Around August 27, 2020, the Defendant: (a) around 18:34, the victim F’s “D” restaurant operated in Jeju Island; (b) the Defendant entered the above restaurant with three Defendant’s husband, and was asked to request the victim to change from the injured party during the course of taking a food order to G, which is the husband of the victim, for the reason that there was no me new technology during the process of taking a food order to the said restaurant; and (c) the Defendant attempted to stop to move to the victim while intending to move to the victim; (d) the Defendant attempted to stop to do so; and (e) continued to deviate from the above restaurant; and (e) the Defendant was unable to resist about 10 minutes, such as continuing to deviate from the above restaurant.

Accordingly, the Defendant interfered with the victim's restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the Governor and H’s report on the situation of the driver who was placed in each police statement made to F and H, notification of the results of regulating drinking driving, report on the situation of the driver who was placed in the main place, investigation report (report on the situation of the driver who was placed in the main place), inquiry into the results of crackdown on drinking driving, relevant photographs, investigation report (in the situation, etc. at the time of dispatch of the site), investigation report (verification of CCTV images on D

1. Relevant Article 148-2 (3) 1, and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 314 (1) of the Criminal Act (the point of interference with business), the selection of imprisonment for a crime under the relevant provision of the Act, Articles 148-2 (3) 1, and 44 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend lectures, and the order to provide community service order, shall be driven by drinking and restaurant.

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