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(영문) 제주지방법원 2020.03.12 2019고단2683
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to imprisonment of one year and six months at Jeju District Court for fraud, and completed the execution of the sentence at Jeju Correctional Institution on November 14, 2018. On February 4, 2010, the Jeju District Court issued a summary order of KRW 1 million by a fine of KRW 1 million at the same court as a violation of the Road Traffic Act.

On November 13, 2019, at around 20:40, the Defendant driven a FM5 car in the state of alcohol alcohol concentration of about 0.082% under the influence of alcohol in the section of about 5km from the road near C in Jeju to the front of E in Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of any person who has violated the Road Traffic Act (driving), any report on the proper launch of a driver, any report on the state of a driver, any investigation report on the status of a driver, any report on the status of a driver, and any inquiry into the results of the control of a drunk driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report accompanied by a summary order of the same kind of power);

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. 【Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 1850, Feb. 4, 2010) 【The scope of the sentence to be sentenced to a fine of KRW 10 million or KRW 20 million: The defendant was sentenced to imprisonment of KRW 15 million at the Jeju District Court for fraud on August 24, 2017 and completed the execution of the sentence in Jeju Prison on November 14, 2018, and committed the instant crime during the repeated offense period. On February 4, 2010, the Jeju District Court recognized that the defendant committed the instant crime on February 1, 201 at the Jeju District Court for the violation of the Road Traffic Act (driving) and on June 14, 201 as if the defendant had a favorable power to receive a summary order of KRW 15 million as a fine for violation of the Road Traffic Act.

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