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(영문) 제주지방법원 2020.12.17 2020고단2332
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 22, 2013, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for a crime of violation of the Road Traffic Act.

On September 16, 2020, at around 23:10, the Defendant driven a Erenic car in the state of alcohol with approximately 00 meters alcohol concentration of 0.057% from the front road of C in Jeju Island to the front road of Dtel in Jeju Island.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), reporting of the proper driving of a drinking driver, reporting of the proper driving of a drinking driver, report of the status of a drinking driver, investigation report (report of the status of a drinking driver), and inquiry into the results of the control of a drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (verification of the same type of recidivism records);

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 punishment by law】 A fine of KRW 5 million from KRW 10 million to KRW 10 million (in case of discretionary mitigation) 【Determination of the sentence of a sentence of a fine of a fine of KRW 8 million: The circumstances favorable to the fact that the defendant has a criminal record of a same kind of crime: the defendant's mistake is recognized and the degree of his mistake is not very heavy; and there are no criminal records of the same kind other than the criminal record of the judgment; the fact that there is no other criminal record of the same kind of crime in the judgment; the above circumstances are determined as per the order, taking into account all the various circumstances, such as the defendant's age and character, motive, means and consequence of the crime, and the circumstances after the crime.

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

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