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(영문) 제주지방법원 2017.08.16 2017고정263
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as a restaurant employee.

On February 5, 2017, the Defendant, while under the influence of alcohol at around 04:50, operated a passenger car from around the Red Sea Club, which is linked to Jeju City, in a state of alcohol of 0.117%, to Jeju-si 64 kilometers from Jeju-si, Jeju-si 3 (Annual dong).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

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

1. Inasmuch as a request for formal trial against a summary order with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a case for the provisional payment order, a fine shall be selected and a sentence of KRW 3 million, which is the minimum statutory fine. In a case where the amount of a fine is reduced to a lower amount than the statutory minimum amount due to the Defendant’s personal economic circumstances, etc., it is not desirable to cause any consequence contrary to the principle of fairness in nationwide sentencing.

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