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(영문) 제주지방법원 2016.04.28 2016고단83

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On September 19, 2008, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving alcohol) from the Jeju District Court, and such summary order became final and conclusive on November 7, 201 of the same year. On November 4, 2014, the same court received a summary order of a fine of four million won for the same crime and issued a summary order of the same crime on January 3, 2015, and such summary order became final and conclusive on January 3, 2015, and was punished twice or more for a violation of the Road Traffic Act (driving alcohol).

[2] On January 8, 2016, around 00:05, the Defendant driven a B-on car with a alcohol level of about 1.5 km from the front of the “fluorous off restaurant” in the vicinity of the “fluoron stone” to the south-do road located in the same city of Do, and without obtaining a driver’s license from the front of the “fluorial restaurant” to the south-do road in the same city of Do, while under the influence of alcohol level of about 0.181%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment had a history of punishment twice due to the previous drinking driving, the defendant should be strictly punished in light of the fact that the defendant left the drinking driving in a licensing condition, and the blood alcohol concentration level is very high, even though he/she had been punished twice due to the previous drinking driving.

However, the defendant confessions all of the crimes of this case and repents his mistake, there is no record of criminal punishment exceeding the fine, and the amount of punishment in similar cases, and the age, sex, environment, and crimes of this case.