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(영문) 제주지방법원 2020.07.23 2020고단402
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On January 16, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court as well as a fine of KRW 3 million.

At around 21:00 on December 9, 2019, the Defendant driven a car at Fursom with a blood alcohol concentration of about 0.096% from the 1km section from the front of the C cafeteria located in Jeju City to the front of the E-ray located in D at Jeju.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), reports on the actions of the driver of the driver’s license, reports on the actual state of the driver’s license, investigation reports (report on the status of the driver of the driver’s license), and site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to 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 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 10 million】 The sentence of a fine of KRW 10 million has a same criminal record; the defendant's mistake is recognized and the degree of exploitation is very favorable: the above criminal record seems to have been divided; the above criminal record is a criminal record who was punished once by a fine and has no other criminal record; the above criminal record is considered to have been punished once by a fine and has no other criminal record; the sentence shall be determined as per the order, taking into account all the various circumstances, such as the defendant's age and character, 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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