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(영문) 제주지방법원 2019.09.05 2019고단1374

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 29, 2011, the Defendant issued a summary order of a fine of KRW 5 million at the Jeju District Court for a violation of the Road Traffic Act, etc., and has a record of violating Article 44 (1) of the Road Traffic Act once.

On July 3, 2019, at around 21:03, the Defendant driven an E-A-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), notification of the safe driving of a driver, notification of the proper driving of a driver, and report on the actual status of a driver;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (attached to the previous records and summary order);

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, and the defendant has the same criminal record.

However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant seriously reflects the facts charged, the fact that the state of the defendant's taking is very heavy, and the criminal records of the same kind are the criminal records of 2011.

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.