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(영문) 제주지방법원 2020.01.10 2019고단2094
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 September 19, 2017, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On August 16, 2019, the Defendant, while under the influence of alcohol of 0.135%, operated the EM5 vehicle from the roads in front of the Defendant’s residence in Jeju City B to the roads in Jeju City from the roads in front of the Defendant’s dwelling in Jeju City, and violated Article 44(1) or (2) 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 interrogation protocol on the accused prepared by the police;

1. Each entry of the report on detection of the driver from the police station, the report on the circumstances of the driver from the employer, and the report on investigation into the driver from the employer; and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecution (Attachment of summary orders related to the violation of Article 44 (1) of the Road Traffic Act) (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., 【Scope of the Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act,” and Article 59 of the Act on the Probation, etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Crimes: The sentence of the Punishment of the Punishment of the Criminal Act 1 year to 2 years and 6 months (in a case of discretionary mitigation) 1 year and 2 years and 2 years and 2 years and 2 years and 2 years of suspended sentence : In addition to the first head of the judgment of the defendant, the judgment of the Special Act of the Jeju District Court on July 10, 1996 2 years and 2 years of suspended sentence

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