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(영문) 제주지방법원 2016.10.14 2016고정574

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,800,000.

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

Reasons

Punishment of the crime

On June 10, 2016, at around 20:40, the Defendant driven a C-hurd passenger vehicle under the influence of alcohol leveling 0.189% from the 20-meter section of alcohol level to the front road of the rupture beach located in the same Ri, from his house in Seopopo City B.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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, the selection of fines;

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: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The fact that all criminal facts are recognized and followed, the fact that there is no same criminal record and there is no previous criminal record after 2000: The fact that the blood alcohol concentration is very high: It is decided as ordered by the court on the grounds of the motive and circumstances of the crime, circumstances after the crime, the circumstances after the crime, the occupation, age, family relationship, health status (the health of the defendant is extremely high because he suffers from the discarded species), economic situation (the basic recipient) or higher.