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(영문) 제주지방법원 2020.04.22 2019고단2704

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 December 28, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Jeju District Court.

Despite the fact that the Defendant was a person who violated Article 44(1) of the Road Traffic Act, around November 24, 2019, at around 20:02, the Defendant was under the influence of alcohol with a blood alcohol content of about 0.061% from the 4km section to the eth road located in Jeju Island D from the 3 side parking lot located in Jeju-si, Jeju-si, to the eth of Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement, investigation report (report on the state of his/her driver), and a report on the state of his/her driver;

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

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 defendant's mistake, the defendant's previous convictions are twice the same as the defendant, the above previous convictions or the above cases are not much weighted, and the defendant's age, character and conduct, environment, means and result of the crime, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as per the order.