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(영문) 제주지방법원 2019.11.29 2019고단1801
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 April 1, 2009, the Defendant issued a summary order of 1.5 million won for the crime of violation of the Road Traffic Act at the Jeju District Court, and on October 23, 2014, the Defendant was sentenced to a suspended sentence of 6 months for the same crime by the same court.

[Criminal Facts] On July 23, 2019, the Defendant, while under the influence of alcohol at least 0.033% of blood alcohol level, driven a vehicle with a little of 50 meters away from the front of the restaurant located in Jeju-si B to the front of the road located in Jeju-si, 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 prepared on August 13, 2019 against the defendant prepared by the police;

1. Statement of detection of a host driver, statement of the circumstances of a host driver, and investigation report prepared by the police; and

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 attached documents, such as decisions related to sound driving skills);

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 Act’s Punishment of the Punishment of the Punishment of the Criminal Act, and Article 59 of the Act on Probation, etc. 【Pronouncement of the Punishment of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act’s imprisonment for one year or two years and six months (in case of discretionary mitigation), 【The Punishment of the Punishment of the Punishment of the Sentence’s Imprisonment for one year’s imprisonment’s imprisonment’s imprisonment: the defendant, in addition to the first head’s criminal record as indicated in the judgment, is sentenced to a summary order of a fine of two million won from the Jeju District Court on July 21, 2006 as a crime of violating the Road Traffic Act’s imprisonment (unlicensed

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