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(영문) 제주지방법원 2020.10.30 2020고단1907
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 26, 2014, at the Jeju District Court, the Defendant issued a summary order of KRW 2 million for the violation of the Road Traffic Act (driving). On May 27, 2016, the same court issued a summary order of KRW 4 million for the violation of the Road Traffic Act (driving). On November 23, 2016, the Defendant was sentenced to a fine of KRW 6 million for the violation of the Road Traffic Act (driving).

[Criminal Facts] On July 25, 2020, the Defendant: (a) around 07:27, while under the influence of alcohol at 0.169%, driven CK5 cars at approximately 1km from the roads near Jeju city to the roads front of the B hotel in Jeju city; and (b) 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 circumstantial statement of the driver of a police station, investigation report (report on the circumstances of the driver of a police station), inquiry into the results of the crackdown on drinking driving, and entry of each 112 report processing table; and

1. Previous records: Entry of inquiry report into police preparation by the police, entry of investigation report prepared by the prosecution (Attachment of summary order of records of driving under influence of a suspect) into the law (including attached documents);

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,” 【Decision of the Punishment of the Punishment of the Punishment of the Punishment of the Criminal Act, 【Discretionary mitigation” 【Decision of the Sentence of the Punishment of the Punishment of the Sentence of the Punishment of the Punishment of the Punishment of the Criminal Act, 【The Reasons for the Punishment of the Punishment of the

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