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(영문) 제주지방법원 2020.08.14 2020고단1284
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 October 24, 2017, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On April 12, 2020, the Defendant, while under the influence of alcohol of 0.107% from blood alcohol level on Apr. 12, 2020, operated DCos and automobiles at approximately 300 meters from the front of the building at Jeju to the road near the third Tri-distance at Jeju, and violated Article 44(1) of the Road Traffic Act more than 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. Statement of the circumstantial statement of a driver taken-off in police preparation, investigation report, notification of the results of the control of drunk driving, inquiry into the results of the control of drunk driving, and statement of case handling 112 reported, respectively; and

1. Previous records: Entry of inquiry report made by the police into inquiry report made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecution (including attachment of summary orders of past records of driving);

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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of the applicable sentences under the law】 A fine of KRW 10 million from 20 million to 10 million from 20 million, which is disadvantageous to the defendant: The defendant was found to have stopped the above vehicle on the road while driving under influence of alcohol; the defendant was found to have been guilty of the crime of this case on the road due to the 112 report by traffic-related persons; the number of blood alcohol concentration measured by the defendant at the time of the crime of this case is relatively superior to 0.107%: the defendant's mistake is recognized and divided; the distance of the defendant's driving under the influence of alcohol at the time of the crime of this case is relatively relatively short; the defendant did not cause a traffic accident at the time of the crime of this case; and the first head of the judgment of the defendant.

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