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(영문) 제주지방법원 2021.02.04 2020고단2918
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of nine million won.

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

Reasons

Punishment of the crime

On April 3, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on April 3, 2013.

On November 21, 2020, the Defendant driven B car under the influence of alcohol leveling 0.085% from the 10km section to the entrance intersection of the coast-dong village at the same time, from the 10km section, around 18:00 to the pool pool of Han-gu, Jeju-si, Jeju-do.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, investigation report (report on the situation of the driver at home), inquiry into the results of crackdown on the driving of drinking, and related photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same criminal history of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of the punishment by law】 5 million won to 10 million won to 10 million won (in the case of mitigation of amount), 【The sentence of sentence 】 The circumstances favorable to the fact that the defendant has a criminal record for the same kind of crime: The defendant's mistake is recognized and has been divided; the main situation is not very heavy; the same criminal record is only one time; the defendant's age, character and behavior, motive, means and consequence of the crime; and the circumstances after the crime, etc. are considered to be the conditions for sentencing as set forth in the arguments of this case.

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

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