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(영문) 제주지방법원 2020.03.13 2019고단2152
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On October 16, 2008, the defendant was sentenced to a two-year suspended sentence for the violation of the Road Traffic Act by the Jeju District Court on August 16, 2008, and a three-year suspended sentence for the crime of violation of the Road Traffic Act by the same court on June 10, 201.

[Criminal Facts] Around 04:00 on September 1, 2019, the Defendant, while under the influence of alcohol of 0.205%, driven a Era car at approximately three km from the roads near the Seopopo District Office of the C building in Seopopopo City B to the roads front of the Seopo City of Seopopo City, thereby violating 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 interrogation protocol on the accused prepared by the police;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the situation of a drinking driver, report on the circumstances of a drinking driver, and investigation report; and

1. Entry of an appraiser belonging to the Ministry of National Science and Investigative Research F in a written appraisal of blood alcohol in the preparation of GH;

1. Each image of an accident site photograph;

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

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 69 of the Act on Probation, Etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act” 【Determination of the Punishment of the Sentence of the Punishment of the Punishment of the Sentence of the Punishment of the Criminal Act, 【Discretionary of the Punishment of the Punishment of the Sentence of the Punishment of the Criminal Act’s imprisonment with labor

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