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(영문) 제주지방법원 2017.09.15 2017고단1616

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On January 21, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and on February 12, 2013, a summary order of KRW 3 million for the same crime at the same court.

On November 16, 2016, the Defendant was sentenced to a two-year suspended sentence for six months of imprisonment due to the crime of double-entry of a ship in occupational negligence at the Jeju District Court, and the judgment became final and conclusive on November 24, 2016, and is currently under suspended sentence.

[2] On May 28, 2017, the Defendant, while under the influence of alcohol at a 0.130% of alcohol content during blood transfusion around 20:0, the Defendant driven the Cwing and 3 freezing vehicles at approximately 100 meters away from the Do near the market every day to the road front of the 22-sea marina.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to two summary orders issued by the same type of drinking driving), investigation report (verification of the fact that the accused is under suspension of execution) by statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment has been punished for the same crime as indicated in its reasoning, and the alcohol concentration in blood at the time of the instant crime is high.

However, considering that the defendant is in the period of suspension of execution for a crime of different types, a fine shall be selected only once, and all the circumstances, such as the circumstances after the crime, the age of the defendant, shall be determined as ordered.