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(영문) 제주지방법원 2020.03.26 2020고단95
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On September 7, 2015, the Defendant received a summary order of KRW 1 million from the Jeju District Court to a fine of KRW 20 million for the crime of violation of the Road Traffic Act, and the said summary order became final and conclusive on the 24th of the same month.

On December 21, 2019, around 11:35, the Defendant violated the prohibition of drinking driving by driving approximately 700 meters from before the hotel to the ethal of the Ethal in D at the time of proposing B Poter freight with a blood alcohol concentration of at least 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking drivers, notification on the violation of the Road Traffic Act (driving) and the proper launch of drinking drivers, report on the proper departure of drinking drivers, and report on the statement of the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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 of the provisional payment order 【The scope of the sentencing sentence under the law】 The sentence of a fine of KRW 10 million from 20 million to 20 million: The sentence of a fine of KRW 10 million has recently been committed for the same kind of criminal records; the extent of taking the punishment is relatively significant; the defendant's mistake is recognized and divided; the defendant seems to be recognized and divided on the day of the instant case; and it is likely that the day of night driving is likely to be a night driving, considering all the various circumstances, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., which form the conditions for sentencing specified in the instant argument, the sentence shall be determined as per the order.

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

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