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(영문) 제주지방법원 2020.12.24 2020고정668

도로교통법위반(음주운전)

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 16, 2018, at around 23:40, the Defendant driven a D-to-purd vehicle at approximately 1.5 km from the road near Seodog-dong in Jeju-si to the road located in Jeju-si, from the Dogdo-dong, while under the influence of alcohol by 0.137%.

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. Application of each Act and subordinate statute as stated in the circumstantial statement, investigation report, investigation report (report on the circumstances of a drinking driver) made by police officers, and the record of the control of drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 【The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of applicable sentences under the law】 Fine of three million won or five million won 【The Decision of Sentence】 The Defendant, who is a fine of three million won or more, issued by a summary order, is asserting that the fine of three million won or more is excessive. In light of the following, although the Defendant had no criminal record for the same kind of crime, the Defendant’s value of blood alcohol concentration measured by the Defendant at the time of committing the instant crime is relatively high to 0.137%, and the distance of the Defendant’s driving under the influence of alcohol at the time of the instant crime is relatively high to a relatively high level, the amount of

It is so decided as per Disposition for the above reasons.