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(영문) 제주지방법원 2020.07.23 2020고단1362

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On August 21, 2017, the Defendant issued a summary order of KRW 2.5 million to the Jeju District Court on August 21, 2017.

On May 25, 2020, at around 20:00, the Defendant driven a car in Fcoin even under the influence of alcohol 0.127% in a section of about 30 meters from the front of the C convenience store in Jeju Island to the front of the D located in Jeju Island.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the control of drinking driving, report on the request for appraisal, and report on the qualification of a drinking driver;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. 【The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of the sentencing sentence under the law】 A fine of KRW 10 million from 20 million to 20 million: A fine of KRW 12 million has the same criminal records; a fine of KRW 12 million has significant degree; a fine of KRW 12 million has significant degree of taking advantage of the circumstances; the defendant's mistake is recognized and the above criminal records appear to have been punished once by a fine; and the above criminal records are relatively punished by the fine; the above criminal records are considered to have been subject to punishment once, taking into account all the various circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing specified in

It is so decided as per Disposition for the above reasons.