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(영문) 제주지방법원 2020.04.16 2020고단449
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On March 4, 2016, the Defendant issued a summary order of KRW 3 million by the Jeju District Court for the crime of violation of the Road Traffic Act, and on April 6, 2016, the said summary order became final and conclusive.

Around 00:55 on January 27, 2020, the Defendant driven an E high-speed vehicle while under the influence of alcohol content of 0.189% from the Do in front of the C stations in Jeju to the Do in front of the D station in Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a field photograph, a survey report on actual condition, a review of the control of drinking driving, a report on the actual state of drinking drivers, and an investigation report (report on the actual state of drinking drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports accompanied by summary orders on the same criminal records of a suspect) 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. 【The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of the sentencing sentence under the law】 The sentence of a fine of KRW 10 million to KRW 20 million: The sentence of a fine of KRW 15 million is having the same criminal records; the state of taking is relatively significant; the defendant's mistake is recognized and divided; the above criminal records appear to be one time and are punished by a fine; the above criminal records are punished by a fine; all the circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime; and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of the instant case, shall be determined as per the order.

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

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