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(영문) 제주지방법원 2020.02.06 2019고단2507

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 26, 2018, the defendant was issued a summary order of KRW 4 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

On November 19, 2019, at around 21:10, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol concentration of approximately 0.081% in a section of about 200 meters, from the roads adjacent to the Jeju City B market to the roads prior to the residents' self-governing center in Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of any violation of the Road Traffic Act, inquiry into the results of the regulation of drinking and driving, report on the state of drinking drivers, and investigation report (report on the state of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of this case is driven in a drinking state, and the nature of the crime is not weak, and the defendant has recent criminal records of the same kind.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the main content is not very heavy is a favorable situation.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.