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(영문) 제주지방법원 2020.06.12 2020고단718
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 7, 2020, at around 03:25, the Defendant driven an E-motor vehicle at a distance of about 500 meters from the front of the Cju store located in Jeju-si B to the front of the D Building in Jeju-si, while under the influence of alcohol of 0.198%.

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. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the situation of a drinking driver, investigation report, report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the results of the drinking driving control, respectively;

1. Application of each video statute to a scene photograph;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. 【The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order 【The scope of applicable sentences under the Act 【The Decision of the Sentence 5 million won or 10 million won: The Defendant committed the instant crime by causing a traffic accident involving the street, etc. on the road while driving under influence; the Defendant’s blood alcohol concentration measured by the Defendant at the time of the instant crime is considerably high to 0.198%; the Defendant was sentenced to a two-year suspended sentence from the Jeju District Court on July 10, 2019 for special injury on July 18, 2019 and was sentenced to a two-year suspended sentence from the Jeju District Court on July 18, 2019. The favorable circumstances are that the instant crime committed during the suspended sentence of the instant judgment: The Defendant committed the instant crime by recognizing his mistake; the distance between the Defendant’s driving under influence at the time of the instant crime and the instant suspended sentence on July 18, 2019.

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