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(영문) 제주지방법원 2020.09.25 2020고단1428
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 June 2, 2015, the Defendant issued a summary order of fine of three million won at the Jeju District Court to a fine for a violation of the Road Traffic Act, and a summary order of fine of five million won at the same court on July 28, 2015 as a violation of the Road Traffic Act.

[Criminal Facts] Around 19:00 on March 1, 2020, the Defendant, while under the influence of alcohol of 0.143%, driven a Fcellto car at approximately 4 km from the roads near the gas station in Jeju-si to the roads in front of the oil station in Jeju-si, thereby violating 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. Statement made by the police officer G on the statement; and

1. Statement of the person involved in the traffic accident prepared by H;

1. Report on internal investigation by the police (verification of images of accident-related black boxes) and images (including attached documents);

1. Report on the occurrence of a traffic accident prepared by police officers, report on the 112 reported case handling, report on the situation of a drinking driver, investigation report, notification on the results of the drinking driving control, and report on a traffic accident, respectively;

1. Each image of the related photographs;

1. Previous records: Entry of inquiry report made by the police into inquiry report made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecution (including a report accompanied by a copy of summary order of the same type of suspect power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are 【Scope of the sentence to be imposed by law”

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