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(영문) 제주지방법원 2020.02.21 2018고단2467
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On May 6, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the support of the Daejeon District Court of Daejeon District on May 6, 2009, and a summary order of KRW 2 million for the same crime at the Cheongju District Court on December 13, 2013.

[Criminal Facts] On September 21, 2018, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 0.257% under the influence of alcohol at around 21:38 on September 11, 2018, the Defendant driven B-II cargo at a section of about 30 meters from the end of the packing end of the ethy beach management office adjacent to the ethal of the ethy beach management office at Jeju to the entrance

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry into the police station’s report on detection of drinking drivers, the results of the crackdown on drinking driving, the circumstantial statement of drinking drivers, and the investigation report; and

1. Previous records: Entry of inquiry report made by the police into inquiry of the police, application of Acts and subordinate statutes to a statement of investigation report made by the prosecution (including attachment report accompanied by a copy of the judgment on the same type of crime record, etc.);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation 【The scope of a sentence to be sentenced under the law” 【the scope of a sentence to be sentenced under the law’ 6 months to 1 year and 6 months (in the case of discretionary mitigation) 【The sentence to be sentenced 8 months’ : The first head of the judgment of the Defendant, in addition to the first head of the judgment of the Defendant, a summary order of 1.5 million won from the Incheon District Court on December 28, 199 to a fine for a violation of the Road Traffic Act (driving) from the same court on November 12, 2001; a summary order of 1.5 million won from the same court on May 23, 2003 to the same crime; and a summary order of 1.5 million won from the same court on April 22, 2004 to the same crime.

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