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(영문) 제주지방법원 2020.08.26 2020고정321
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal record] On January 7, 2014, the Defendant was issued a fine of KRW 4 million at the Jeju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 11, 2019, the Defendant driven Cbee or a car while under the influence of alcohol of about 20 meters alcohol concentration of about 0.113% from the frontway of Jeju Special Self-Governing Province, Jeju Special Self-Governing Province.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs, traffic accident actual condition surveys, reports on the actual state of drinking drivers, investigation reports (report on the actual state of drinking drivers), and reports on the results of the control of drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (a summary order of the same kind of power) Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 for the order of provisional payment include the fact that the defendant recognized his mistake and reflects the defendant's mistake, the defendant has a criminal record of a same kind of fine once, the driving distance is very short as driving to park, while the degree of driving distance is considerable, and other factors for sentencing specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, means and result of the crime, after considering all the factors for sentencing as stated in the records and arguments of this case.

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