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(영문) 제주지방법원 2020.10.30 2020고정461

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 March 24, 2020, at around 05:10, the Defendant driven a FM car at the section of about 2 km from the front of C in Jeju City to the front of E in Jeju City D, while under the influence of alcohol of 0.072% of blood alcohol level.

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 investigation report (statement of reporter) about police preparation;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of the driver with the driver with the driver with the driver with the driver's license, investigation report, investigation report (report on the circumstances of the driver with the driver with the driver with the driver's license), inquiry into the results of the crackdown on the driving under influence of alcohol,

1. Application of each video statute to a scene photograph;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under the law】 Fine of 50,000 won to 50,000 won 'the sentenced sentence' 'the fine of 3 million won to 'the sentenced sentence' 'the fine of 0.072% ordered by the summary order'. Thus, the above amount of fine is not excessive in light of the circumstances leading up to the occurrence of the crime in this case, the defendant's driving under the influence of alcohol at the time of the crime in this case, the distance of the defendant's driving under the influence of alcohol at the time of the crime in this case, and the fact that the defendant had a record of issuing the summary order of 200,000 won as a violation of the Road Traffic Act by the Busan District Court on January 9, 197.

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