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(영문) 제주지방법원 2021.02.04 2020고단2925
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 October 12, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act by the Jeju District Court.

On November 22, 2020, the Defendant driven a D car with a alcohol level of approximately 0.094% from the 5km section to the road prior to the “this Hohy Beach” in the “C New Jeju Branch” located in Jeju Island, around 01:03, the Defendant driven such D car with a alcohol level of about 0.094% from the 5km section to the road prior to the “this Hohy Beach”.

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. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

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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