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(영문) 제주지방법원 2020.01.23 2019고단2193
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

On August 26, 2014, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeju District Court as a violation of the Road Traffic Act.

On July 21, 2019, at around 12:20, the Defendant driven an EMW car under the influence of alcohol concentration of about 0.049% from the 4km section from the front road of the CF corporation located in Seopo City B to the front road of Seopopo City D.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), and report on the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of the sentencing sentence under the law 【The scope of the sentencing sentence of the defendant 5 million won to 10 million won to 10 million won to 10 million won (in the case of discretionary mitigation), 【The sentence of the sentence of the sentence 】 The sentence of the sentence of the fine 7 million won to be declared : The circumstances that are favorable to the fact that the defendant's mistake is recognized and the criminal records of the same kind are committed twice: the defendant appears to have been divided; the defendant was controlled on the day of the instant case on the day of the instant case, and the degree of the principal taking place is highly high; thus, it is highly likely for the day of the night driving. In addition, the sentence of the sentence shall be determined by taking into account all the various circumstances, such as the defendant

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

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