logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2020.06.19 2020고단693
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 record] On January 8, 2015, the Defendant was issued a summary order of KRW 3 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On March 4, 2020, the Defendant, while under the influence of alcohol at 0.116% of blood alcohol level on March 4, 2020, driven a vehicle with C low-est Preferred to in a section of about 1 km from the south side of the Jeju City to the front side of the Jeju City, 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 interrogation protocol on the accused prepared by the police;

1. Statement made by the police about D's written statement; and

1. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, investigation report, and report on the 112 reported case register; and

1. Each image of an accident site photograph, and of the related photograph;

1. Previous records: Statement of inquiry inquiry report made by the police into the preparation of the police, application of Acts and subordinate statutes to an investigation report made by the prosecutor (a confirmation of records of driving under the same kind of suspect).

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 Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act, 1 year to 2 years and 6 months (in a case of discretionary mitigation) : The crime of

arrow