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(영문) 제주지방법원 2017.04.26 2017고단176

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for an injury at the Jeju District Court on December 3, 2015, and such sentence became final and conclusive on December 3, 2015, and is currently under suspension of execution. On February 6, 2010, the Defendant was punished by a fine of two million won for a violation of road traffic laws (drinking) at the same court on February 6, 2010, and on March 15, 2010, the Defendant was sentenced to a fine of one million won for the same crime at the same court on March 15, 2010.

On January 10, 2017, at around 23:10, the Defendant driven a Cystren vehicle under the influence of alcohol leveling 0.097% of alcohol level in the 4km section from around the road in the same tri-dong from around the street to the road in the same tri-dong.

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 regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the fact during the current suspended sentence and confirmation of the same kind of records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The sentence of a fine shall be imposed upon the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, by taking into account the following: (a) the fact that the Defendant, for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, has been punished on two occasions by a fine for violating the Road Traffic Act due to driving alcohol; (b) the fact that the Defendant once again driving the instant drinking even during the period of suspension of execution due to an injury, is very bad; (c) the fact that the blood alcohol content is not high; and (d) the family members