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(영문) 제주지방법원 2020.06.19 2019고단2008
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 October 25, 2012, the Defendant was issued or sentenced respectively by the Jeju District Court with a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, a fine of KRW 1.5 million for the same crime in the same court on June 3, 2014, and a fine of KRW 1.5 million for the same crime in the same court on July 31, 2014.

[Criminal Facts] On May 1, 2019, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 00:37 on May 11, 2019, and was driving a D-do car at approximately 1.5 km from the front of the Busan Southern-gu Ccafeteria, Busan-gu, to the entrance road at the Busan Southern-dong Yellow-dong tunnels.

Summary of Evidence

1. Statement of suspect examination of the accused prepared by the police;

1. Investigation report of the police - Entry of a suspect in attachment of data on the crackdown on driving under influence of alcohol (including attached documents);

1. Statement of the circumstantial statement of a drinking driver prepared by the police, investigation report (report on the circumstances of a drinking driver), notification of the results of the drinking driving control (2019-2103-50175), and statement of the results of the drinking driving control at each meeting;

1. Entry in the blood alcohol appraisal report prepared by the appraiser belonging to the Busan Science Investigation Institute E of the National Research and Investigation Research Institute;

1. Previous records: Entry of inquiry report about police preparation, application of Acts and subordinate statutes entering the results of inquiry into the preparation of the prosecution;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences in law】 Fine of five million won or more from 10 million won to 8 million won, which is disadvantageous to a fine of 8 million won: the defendant, in addition to the first head of the judgment, is from the Busan District Court's Dong Branch on November 20, 2006.

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