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(영문) 제주지방법원 2019.08.08 2019고단790
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On December 31, 2007, the Defendant was issued a summary order of KRW 500,000 by the Jeju District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on March 5, 2008, the above summary order became final and conclusive, and on July 13, 2009, the above court issued a summary order of KRW 3 million for a violation of the Road Traffic Act by a fine of KRW 1 million.

9. 1. A person who has a record of driving under the influence of alcohol at least twice, such as the final and conclusive summary order;

Nevertheless, at around 02:15 on March 31, 2019, the Defendant driven China car while under the influence of alcohol of about 0.056 percent of the blood alcohol concentration at approximately 4km in front of Seopopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (Attachment to a summary order of the same criminal records), internal investigation reports (the history of a suspected suspect's driving under influence of alcohol), and the application of Acts and subordinate statutes of the same Act and subordinate statutes;

1. Selection of a fine, taking into account the relevant legal provisions on criminal facts and the fact that the choice of a sentence is provided, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the degree of drinking is relatively minor; and the defendant is willing not to drive a drinking again; etc.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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