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(영문) 제주지방법원 2020.04.03 2020고단26
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 28, 2009, the Defendant was issued a summary order of KRW 500,000 by the Jeju District Court to a fine for a violation of the Road Traffic Act.

[Criminal Facts] Around 06:20 on December 20, 2019, the Defendant, through Jeju International Airport, which is located in Jeju-si B, from Jeju-si, to Jeju-si Airport from Jeju-si, under the influence of alcohol level of 0.067%, again violated Article 44(1) of the Road Traffic Act by driving a D New-Saly Roon on the section of approximately 1.5 km to the roads in front of the plan for the development of a new airport and driving it again 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. Entry of the circumstantial statement of a police officer, report on investigation (report on the circumstances of a drinking driver), report on detection of a drinking driver, inquiry into the results of the control of drinking driving, and report on handling cases 112; and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of the same criminal records as the suspect) into the preparation of the prosecutor;

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 applicable sentences under the law】 Imprisonment with prison labor for one year or two years and six months (in the case of discretionary mitigation) 【Pronouncement 1 year or two years and six months (in the case of discretionary mitigation)’s imprisonment with prison labor for one year: A normal condition in which the distance of the Defendant driven under the influence of alcohol at the time of the instant crime is somewhat longer favorable: the Defendant’s mistake is recognized and divided; and the blood alcohol concentration measured by the Defendant at the time of the instant crime appears to be 0.67%.

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