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(영문) 제주지방법원 2021.01.29 2020고정727
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 24, 2020, while under the influence of alcohol 00:14, the Defendant driven a Fland car within a about 500-meter radius from the roads near the C dental clinic located in Jeju-si to E located in Jeju-si, Jeju-si, with approximately 00 meters alcohol level of 0.15%.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination protocol against the defendant prepared by the police;

1. Entry of the written statement related to traffic accidents prepared G;

1. Report on the occurrence of a traffic accident prepared by a police officer, report on the circumstances of the driver at driving, investigation report (report on the circumstances of the driver at driving), inquiry into the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, and report on the traffic accident (report on the actual condition);

1. Application of each film-related statute to an accident scene photograph;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 applicable sentences under the law] 5 million won or 10 million won / The Defendant alleged that the fine of KRW 5 million issued by the summary order is too excessive. Thus, even though the Defendant was aware of the instant crime by causing a traffic accident while driving under drinking, the Defendant’s concentration of alcohol in blood measured by the Defendant at the time of the instant crime is considerably high by 0.155%.

However, considering the fact that the defendant's mistake is recognized and divided, the distance of the defendant's driving at the time of the crime of this case does not reach a relatively long range, the above vehicle operated by the defendant was covered by a motor vehicle comprehensive insurance at the time of the crime of this case, the defendant did not have the same criminal record and has no record of criminal punishment in a regular manner since 2014, it is the first summary order.

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