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(영문) 제주지방법원 2021.01.14 2020고단2696
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On June 17, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) by the Jeju District Court.

On November 3, 2020, around 00:05, the Defendant driven a DK7 car under the influence of alcohol leveling to 0.123% from the 2.3km section of blood alcohol leveling from around the 00:05 Jeju Island to the 0.3km away from the 2.3km section of the National Museum in the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, reports on the situation of the driver under the influence of alcohol, investigation reports, and related photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the suspect) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of the punishment by law】 The sentence of KRW 10 million to KRW 20 million is to be imposed; the sentence of KRW 12 million to KRW 20 million is to be imposed; there is a criminal record of the same kind of crime; the degree of the taking of the punishment is to be relatively more favorable; the defendant's mistake is to be recognized and divided in light of such circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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

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