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(영문) 제주지방법원 2020.08.28 2020고단1379
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[criminal record] On October 6, 2015, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] On May 28, 2020, the Defendant, while under the influence of alcohol at 0.122% of blood alcohol level on May 28, 2020, 200, operated the F&learning car at approximately 1 km from the front of the road located at Jeju to the front of the road located at Jeju, 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. Statement of investigation report (at the time of dispatch to the scene, etc.) prepared by the police;

1. Entry into police records, the results of the crackdown on drinking driving, the statement of the circumstances of drinking drivers, and the investigation report (report on the circumstances of drinking drivers); and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to investigation report made by the prosecutor (including attached documents) on the preparation of the prosecutor's office;

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. 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 is 【The scope of applicable sentences under the law】 A fine of 10 million won or more from 20 million won to 10 million won, which is disadvantageous to a fine of 10 million won: The defendant was issued a summary order of 1 million won for the crime of violating the Road Traffic Act from the Jeju District Court on May 27, 2016, in addition to the first head of the judgment of the defendant, on May 27, 2016, and the defendant was found to have stopped the above vehicle on the road while driving under the influence of alcohol; the defendant was dismissed from the crime of this case; the blood alcohol concentration measured by the defendant at the time of the crime of this case is relatively high to 0.122%; and at the time of the crime of this case, the distance of the defendant's driving under the influence of alcohol is relatively favorable.

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