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(영문) 제주지방법원 2016.12.21 2016고단2427
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 11, 2007, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Jeju District Court on September 11, 2007, and the summary order of KRW 3 million to a fine at the same court on May 27, 2016.

On October 28, 2016, at least two times, the Defendant driven a car with approximately four km water owned by the Defendant from the vicinity of the bathing beach in Jeju-si to the front road of the fishery salary industry located in the Jeju-si Do Council in the Jeju-si, Jeju-si, from October 28, 2016, while under the influence of 0.105% of the blood alcohol concentration without a driver's license, around 07:07.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes attached to criminal records and summary orders;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Formal concurrence and the choice of punishment: Articles 40 and 50 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing: The blood alcohol concentration is relatively low, the fact that there is no previous conviction, the fact that the company is dismissed from office if the company is sentenced to a suspended sentence or a heavier punishment (see Articles 61(1) and 7(1) of the Personnel Management Regulations of Jeju Livestock Cooperatives Act), and other various conditions of sentencing, such as the defendant's age and character and conduct, shall be determined as the disposition for sentencing.

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