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(영문) 제주지방법원 2020.03.27 2019고단2317
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 October 6, 2015, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Jeju District Court, and a summary order of KRW 1.5 million for the same crime at the same court on January 14, 2016, respectively.

[Criminal Facts] On September 18, 2019, the Defendant, while under the influence of alcohol of 0.101% of blood alcohol level on September 20:17, 201, driven a motor vehicle from the front of C in Jeju City to the front of D in 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 of the circumstances of a drinking driver prepared by the police, investigation report (report on the circumstances of a drinking driver), report on detection of a drinking driver, and report on the results of the crackdown on drinking driving, each entry into each protocol; and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the public prosecutor (including attached documents of the same kind of power);

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 Criminal Act” 【Pronouncement of the Punishment of the Punishment of the Punishment of the Criminal Act” 【Determination of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act 【Discretionary’ 1 year to 2 years and 6 months (in case of discretionary mitigation), 【The Punishment of the Punishment of the Sentence of the Punishment of the Punishment of the Criminal Act : The defendant has a record of being issued a summary order of KRW 1 million from the Jeju District Court on November 13, 2017 as a crime of violation of the Road Traffic Act (unlicensed Driving). The numerical value of blood alcohol level measured by the defendant at the time of the

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