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(영문) 제주지방법원 2020.06.05 2020고정133

도로교통법위반(음주운전)

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[criminal record] On May 23, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On October 30, 2019, the Defendant, while under the influence of alcohol at 0.031% of blood alcohol level on October 22 and 11, 2019, driven a F-e-sports vehicle at approximately 10km from the parking lot of C Hospital in Jeju City to the front road in Jeju City D, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Inquiry into the results of the control of drinking and driving conducted by police preparation, reports on detection of drinking drivers, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers); and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of criminal records of the same kind of suspect) into the preparation of a prosecutor;

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. 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 【The scope of applicable sentences under the law】 A fine of KRW 10 million from 20 million to 20 million, the Defendant alleged that the fine of KRW 12 million, which was issued by the summary order, is too excessive. As such, even though the Defendant was at the time of committing the instant crime, it appears that the Defendant had a very long distance of driving under the influence of alcohol at the time of committing the instant crime, or that the Defendant’s mistake is recognized and divided, the numerical value of blood alcohol concentration measured by the Defendant at the time of committing the instant crime is considerably low to 0.031%, and there is no criminal conviction heavier than the fine, it appears that the amount of the fine already notified to the Defendant by the summary order is somewhat excessive, and that the Defendant has no criminal conviction.