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(영문) 제주지방법원 2020.02.13 2019고단2584
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 18, 2018, the Defendant received a summary order of KRW 1,500,00 from the Incheon District Court's Busan District Court as a crime of violation of the Road Traffic Act.

around 13:50 on December 4, 2019, the Defendant driven a C-car in the state of alcohol with a blood alcohol concentration of about 0.061% at the section of about 30km from the front road of the construction site for irrigation at the Hanpo-si, Seopo-si to the front road of Seopopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of any violation of the Road Traffic Act, report on the situation of driving under the influence of alcohol, report on the circumstantial statement, and report on the actions against the driver under the influence of alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report accompanied by a summary order 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. 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 under the law 】 【The sentence of a fine of KRW 5 million to KRW 10 million (in case of discretionary mitigation) 【The sentence of a fine of KRW 8 million: The circumstances favorable to the recent previous criminal records: the defendant's mistake is recognized and the defendant is divided. On the day of the instant case, it was controlled around 13:50 on the day of the instant case, and the degree of the taking-off is not heavy, and therefore, it is likely that the prior driving is possible, taking into account all the various circumstances, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as per the order shall be determined as per Disposition.

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

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