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(영문) 제주지방법원 2020.08.14 2020고단1226
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[criminal record] On May 17, 2007, the defendant was issued a summary order of 1.5 million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On May 18, 2020, the Defendant, while under the influence of alcohol at 0.102% of blood alcohol level on May 18, 2020, 200, operated a FSS5 vehicle at approximately 500 meters away from the entrance of the “E” parking lot in Jeju City, and violated Article 44(1) of the Road Traffic Act at least twice.

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. To make inquiries into the results of the control of drinking and driving conducted by the police, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on 112 case handling records, each entry into the police preparation; and

1. Each image of the related photographs;

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 prosecutor (including attached documents of 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of applicable sentences under the law】 Fine of 5 million won or 10 million won (in case of discretionary mitigation) 【The sentence sentence 】 Fine of 8 million won or more: The fact that the numerical value of blood alcohol level measured by the Defendant at the time of the instant crime is relatively high to 0.102%; the circumstance in which the Defendant was locked at the entrance of the parking lot while driving under the influence of alcohol and the Defendant was aware of the instant crime due to the traffic-related person’s report is favorable: The Defendant appears to have recognized his mistake and divided. At the time of the instant crime, the distance between the Defendant driving under the influence of alcohol.

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