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(영문) 제주지방법원 2016.11.07 2016고정557

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 10, 2007, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on the same day, and the fine of three million won for the same crime at the Jeju District Court on December 6, 201.

On November 24, 2011, the Defendant was discovered as a drunk driving and the license was revoked. On September 4, 2015, at around 0.053, the Defendant driven approximately 10 kilometers from Samsung Dokdong to the piracy car located in the same time as B, in the state of drinking alcohol concentration of 0.057% at around September 4, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant confessions all of the crimes of this case, the fact that the defendant's blood alcohol concentration was not high at the time of the crime of this case is favorable to the defendant, or that the defendant committed the crime of this case at once prior to the crime of this case, even though he had the record of being punished three times as a crime of drinking driving and a crime of unlicensed driving, the defendant committed the crime of this case; the sentencing precedents in similar cases, the defendant's age, character and behavior, environment, circumstances after the crime, and other various conditions of sentencing specified in the arguments of this case are considered, and there is no change in circumstances that can be considered after the summary order.