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(영문) 제주지방법원 2019.10.10 2019고단1566

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On December 14, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court's branch branch court.

On July 9, 2019, at around 23:57, the Defendant driven a F Belgium car in the state of alcohol with approximately 500 meters alcohol concentration of 0.173% from the 500-meter section from the front of the convenience store near the Seopo City B hotel in Seopo City to the road.

Accordingly, even though the defendant was punished as a crime of violation of the Road Traffic Act, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the management of, and the inquiry into, the master initiative, and the report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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, the degree of taking the crime is heavy, and the defendant has recent criminal records of the same kind.

However, it is more favorable to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no record of criminal punishment other than the perjury.

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.