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(영문) 제주지방법원 2020.01.23 2019고단2410
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 April 19, 2016, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeju District Court.

Notwithstanding the fact that the Defendant was a person who violated Article 44(1) of the Road Traffic Act, on September 29, 2019, according to the evidence duly adopted and examined by the court, “this part of the charges as stated in the indictment from the C garage located in Jeju-si B” from September 10, 2019 to the “from the wharf located in Jeju-si,” or evidence duly adopted by this court, the departure point is “C garage located in Jeju-si B” and the above part is deemed to be an error as stated in the facts constituting a crime, and thus, it should be recognized as correct and correct as stated

Jeju, up to the entrance road of E, approximately 14 km, driving F.25 tons of Korean truck truck with alcohol level 0.063% under the influence of alcohol level at approximately 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, investigation report, investigation report (report on the status of a drinking driver), each report on the control of drinking driving, inquiry into the results of the control of drinking driving, blood alcohol appraisal report, and written report on the status of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 / 【Scope of the applicable sentences under the law】 A fine of KRW 5 million from KRW 10 million to KRW 10 million (in case of discretionary mitigation) / Decision of a sentence 8 million: The circumstances favorable to the fact that the defendant had a criminal record for the same kind of offense: the defendant's mistake is recognized and the defendant seems to have been divided; on the day of the instant case, it was controlled at around 10:30 on the day of the instant case, and the degree of the main erosion is heavy, and thus, it is highly likely that the day of night operation is high.

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