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(영문) 제주지방법원 2020.04.08 2019고단2527

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On August 30, 2006, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Jeju District Court on August 30, 2006, and on October 9, 2007, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

On November 29, 2019, at around 21:30, the Defendant driven a F-Wood vehicle with a blood alcohol concentration of approximately 0.132% while under the influence of alcohol at approximately 2 km from the near road of the “C Burial” located in Seopo-si B to the front road of the Egypo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the accident, reports on the state of his/her driver, investigation reports (report on the state of his/her driver), and notification of the results of the crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (verification of the same kind of force) and Acts and subordinate statutes, such as criminal records;

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

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: (a) the accused acknowledges and reflects his mistake; (b) the accused has two previous convictions of the same kind of fine but is prior to ten (10) years; (c) the degree of taking the principal is not easy; and (d) the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (e) the various conditions of sentencing as shown in the records and arguments, including the circumstances after the crime,