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(영문) 제주지방법원 2020.06.19 2020고단845
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On June 19, 2009, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Jeju District Court.

[Criminal Facts of the crime] On December 22, 2019, the Defendant, while under the influence of alcohol at 01:04% of alcohol level, was driving a Ethrop car at approximately 200 meters from the parking lot for Jeju B hotel to the front road in Jeju, 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 of the accused prepared by the public prosecutor;

1. Investigative report (including accompanying documents) on police preparation and recording and video image (including accessct v verification);

1. Each investigation report on police preparation (in the result of the CCTV analysis / Vehicle departure and driving distance), respectively;

1. Entry of the circumstantial statement of a police officer, report on investigation into the situation, report on detection of a user driver, and report on detection of a user driver, and list of cases reported 12; and

1. Each image of the related photographs;

1. Previous records: Entry of inquiry inquiry report made by the police, entry of the fact of disposition taken by the prosecution, and application of Acts and subordinate statutes to report the results of confirmation (including attached documents);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【The sentence to be sentenced] 1 year or two years and six months (in the case of discretionary mitigation) : A sentence of 200,000 won of a fine for a violation of the Road Traffic Act from the Jeju District Court on December 10, 1990, in addition to the first head in the judgment of the Defendant, the summary order is issued on December 10, 190; and

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