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(영문) 제주지방법원 2020.08.14 2020고단1287
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine not exceeding 12 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 July 11, 2013, the Defendant was sentenced to a four-year judgment on July 11, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Guarantee of Automobile Accident Compensation.

[Criminal Facts] Around 10:30 on April 29, 2020, while under the influence of alcohol of 0.185%, the Defendant driven B rocketing and other vehicles in the 1km section from the B 1km to the east of the ancient city located in the same Eup/Myeon from the west-si coast of the Jeju-si in the west-si to the west-do road located in the same Eup/Myeon, thereby violating 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. 112 Report records prepared by the police, records in 112 report records, reports on detection of drivers, circumstantial statements of drivers and investigation reports; and

1. Previous records: Entry of inquiry report about police preparation, entry of investigation report on the preparation of a prosecutor (including accompanying documents) and application of Acts and subordinate statutes;

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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, 【The scope of applicable sentences under the law】 A fine of 10 million won or more from 20 million won to 12 million won, which is sentenced to a fine of 12 million won or more: In addition to the above previous conviction, the defendant was issued a summary order of 1 million won or more from the Changwon District Court on July 15, 2005 due to the crime of violation of the Road Traffic Act; the defendant committed the crime of this case without being aware of the fact that he was released from the first head of the judgment and was under repeated period on May 29, 2017. The defendant was living on the road while driving under influence of alcohol.

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