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(영문) 제주지방법원 2016.07.14 2016고단775

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On August 9, 2010, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million for the same crime in the same court on March 7, 2011.

[2] On April 10, 2016, at around 03:10, the Defendant driven a C-crin car under the influence of alcohol content of about 400 meters from the 400-meter section around the citizen hall located in the Dong-dong, Do-do to the roads near Samdo-dong, Samdo-dong-dong-dong-dong-dong-dong-dong-dong-based.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the judgment of the same type of crime);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant committed the instant crime even though he had the record of issuing a summary order twice due to drinking prior to the instant crime, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order should be strictly punished.

However, although the defendant led to the crime of this case and repented his mistake, the defendant requested the substitute driver to call to the articles, the assignment of articles is difficult.

In light of the fact that the above crime is likely to lead to the above crime, the amount of alcohol content of the defendant's blood at the time of the above crime is extremely high, the distance of the defendant's driving is relatively short, the two times in similar cases, the age, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered.