beta
(영문) 제주지방법원 2016.10.26 2016고단1425

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 25, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Jeju District Court to a fine of KRW 1 million on January 14, 2016 to a violation of the Road Traffic Act.

On July 18, 2016, at around 06:20, the Defendant driven a B-learning car under the influence of alcohol content of about 0.085% from the 4km section to the front road of the mountainous district security center located in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of the records of the same kind of crime);

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

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

1. Detention at 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) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing: The blood alcohol concentration is relatively low, the control is made while working after drinking, and there is no record of different types.