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(영문) 제주지방법원 2016.02.03 2016고정9

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 27, 2015, the Defendant, while under the influence of 02:50% alcohol content among blood transfusions, driven the BM5 passenger car at around 150 meters away from the roads in front of the Jeju medium-scale restaurant that is linked to Jeju city at the time of Jeju, not in the same city road, and up to the roads in front of the high school.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; Selection of a fine;

1. Reduction: Articles 53 and 55 (1) 6 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the disposition for the reason under Article 334(1) or more of the Criminal Procedure Act;

The circumstances in which sentencing is advantageous: the degree of alcohol level is 0.100% and is disadvantageous to the boundary under Article 148-2 (2) 2 and 3 of the Road Traffic Act: Two times before and after the same kind of crime [(i) a fine of 700,000 won for a crime of violating the Traffic Act of the Jeju District Court on November 20, 1997(d) and (ii) a fine of 1,00,000 won for a crime of violating the Traffic Act of the Jeju District Court on May 9, 2013];