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(영문) 제주지방법원 2020.02.07 2019고단2279
도로교통법위반(음주운전)등
Text

A defendant shall be punished by a fine not exceeding 12 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 July 25, 2019, 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 October 25, 2019, the Defendant, while under the influence of alcohol 0.139% without obtaining a driver’s license on October 22 and 37, violated Article 44(1) of the Road Traffic Act by driving a frighting car at approximately 1.5 km from the C parking lot located in Seopopo City B to E in Seopo City D at Seopopo City, and violated Article 44(1) of the Road Traffic Act not less than 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. Each entry in the circumstantial statement of a police officer, investigation report, report on detection of a host driver, and the register of driver's licenses; and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes (including attached documents) recording an investigation report made by the prosecution (prior records and confirmation of the same type of crime);

1. When a person drives a motor vehicle without obtaining a license among the acts as stated in the pertinent legal provisions concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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 【The scope of applicable sentences under the law】 Fine of KRW 10 million from 20 million to 20 million from 12 million from 12 million from 30 million from 2000 won from 30 million from 30 million from 300 to 40 million from 30 million from 30 million from 300 to 40 million from 100 to 300,000 from 100 to 100 won from 2007 from 10 to 30 months from 2007 from 200 to 30 months from 200 to 4

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