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(영문) 제주지방법원 2014.08.08 2014고단849

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 19, 2010, the Defendant received a summary order of KRW 700,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act, and on May 3, 2013, the above court was sentenced to a suspended sentence of ten years for the same crime and was sentenced to a suspended sentence of two years on May 11, 2013.

On May 23, 2014, at around 11:28, the Defendant was under the influence of alcohol with 0.204% of the blood alcohol concentration without a driver’s license. On May 23, 2014, the Defendant driven a Ck7 car at a section of approximately 1km from the front of the Central Hospital in Jeju-ro 72 to the front road of Samcheon Apartment apartment located in Jeju-ro 2, Jeju-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiry into the results of the control of drinking driving, the register of driver's licenses, and investigation reports (attached reports, such as written judgments);

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

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

1. Selection of punishment: Selection of a fine;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: (a) recognized the facts of crime and seriously reflects the fact; (b) if the defendant is placed in custody, it brings excessive difficulty to his dependents (not less than 8 months and 3 children including his spouse and 8 years of age and 5 years of age): The crime is committed during the suspension period of execution due to the same kind of crime; (c) several times of criminal records; and (d) other reasons such as blood alcohol concentration, the circumstances leading to the crime and the defendant's occupation, health status, family relationship, etc. are determined as ordered in