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(영문) 제주지방법원 2020.04.24 2020고단258
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine of 10 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 May 25, 2007, the Defendant was issued a summary order of a fine of two million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] Around 07:00 on January 24, 2020, the Defendant, while under the influence of alcohol at least 0.120%, driven DWW125cc, 125cc, and violated Article 44(1) of the Road Traffic Act by driving at approximately two times, from the roads near Jeju city to the front roads located in Jeju City, about 1.5 km.

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. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the circumstance of a driver with a drinking alcohol driver, investigation report, notification on the results of the control of drinking driving, traffic accident report, and inquiry into the results of the control of drinking driving, respectively;

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the public prosecutor (including attached documents 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of the sentencing sentence under the law】 Fine 10 million won or more from 20 million won to 10 million won, which is disadvantageous to the defendant’s sentence】 In addition to the first head of the judgment, the defendant has a record of being issued a summary order of KRW 1 million from the Jeju District Court on October 10, 2007 due to the crime of violation of the Road Traffic Act (unlicensed Driving). The defendant committed the crime of this case by causing a traffic accident towing the signal signal while driving under the influence of alcohol, and the defendant was measured at the time of the crime of this case.

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