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(영문) 제주지방법원 2020.09.25 2020고단1709
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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 October 18, 2010, the Defendant was issued or sentenced respectively by the Jeju District Court to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving). On January 31, 2013, a summary order of a fine of two million won for the same crime in the same court on January 31, 2013, and a fine of seven million won for the same crime in the same court on August 9, 2017.

[criminal facts] On June 20, 2020, the Defendant, without obtaining a driver's license on June 20, 2020, operated a Fppon vehicle at a distance of about 300 meters from back roads to E in front of the road in Jeju, while under the influence of 0.068% of blood alcohol alcohol level, 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. Entry into the circumstantial statement of the driver, investigation report, investigation report, inquiry report on the control of drinking and driving, and the register of driver's licenses, each of which is entered into the police preparation;

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

1. Unlicensed driving under the relevant legal provisions on criminal facts: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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. is 【The scope of the sentence to be sentenced by law】 Imprisonment with prison labor for one year or two years or six months (in case of discretionary mitigation) 【The sentence to be sentenced’ is suspended by imprisonment with prison labor for one year and six months.

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