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(영문) 제주지방법원 2020.01.22 2019고단1996

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 20, 2008, the defendant received a summary order of KRW 500,000 from the Jeju District Court for the crime of violation of the Road Traffic Act.

On September 4, 2019, around 02:43, the Defendant driven a F QM5 car in the state of alcohol 0.173% alcohol concentration at approximately 300 meters from the section of approximately 300 meters, from the road near the C Jeju branch in Jeju to the Emateteth in Jeju.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report (report on the state of the drinking driver), the report on the state of the drinking driver, the report on the state of the drinking driver, and the inquiry into the results of the crackdown on the drinking

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 include the fact that the defendant recognized his mistake and reflects the fact that the criminal defendant committed one time before the previous conviction of the same kind of fine, but before ten years, the fact that the previous conviction is significant, the fact that the previous punishment is significant, and the defendant's age, character and conduct, environment, means and result of the crime, and the circumstances after the crime, etc., are determined as per the order.