beta
(영문) 제주지방법원 2018.07.03 2018고단500

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On June 17, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On June 24, 2016, the Defendant was issued a summary order of KRW 2 million for the same crime by the same court.

[2] On March 7, 2018, the Defendant driven CM5 car from around 400 meters to the center of Jeju City, from the 119 Center adjacent to the 119 Center, even though the Defendant was under the influence of alcohol at around 02:40% during blood alcohol while driving at around 0.10% during Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a written reply to inquiry, a summary order, etc.;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment is not only that the defendant was punished twice due to drinking alcohol driving in 2016, but also that on September 7, 2016, the Jeju District Court sentenced imprisonment with prison labor for a violation of the Vocational Stability Act at the Jeju District Court, etc. on September 7, 2016, and was sentenced for a two-year suspension of execution, which became final and conclusive on September 20, 2016, and committed a crime of drinking alcohol driving even if the judgment became final and conclusive on September 20, 201.

However, the defendant does not commit a second offense against the crime.

A fine shall be selected only once in consideration of the fact that it is being committed, the alcohol concentration during blood at the time of the crime, the circumstances leading to the crime, etc.

The sentencing conditions, such as the defendant's age, health status, environment, and circumstances after the crime, shall be determined by taking into account all the circumstances, together with the order.