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(영문) 제주지방법원 2019.06.13 2019고단10

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 August 2, 2007, the defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Jeju District Court. On July 12, 2010, the defendant issued a summary order of KRW 2.5 million for the same crime at the same court.

On November 25, 2018, at around 08:30, the Defendant driven an E rocketing car from approximately 100 meters from the front of the C funeral hall in Jeju City to the front of the D apartment, while under the influence of alcohol at 0.081% of alcohol content.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol twice even though he has violated the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of similar type of judgment);

1. Selection of a fine by taking into account the relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the fact that the accused drives the next day of drinking, the degree of drinking and the very high level of drinking, and the fact that the previous conviction is a relatively old criminal record;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;