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(영문) 제주지방법원 2017.05.26 2017고단605
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On January 22, 2007, the Defendant was sentenced to a fine of KRW 700,00 to a crime of violating the Road Traffic Act in the Busan District Court, and a fine of KRW 1 million to a crime of violating the Road Traffic Act in the Changwon District Court on December 2, 2013.

On March 12, 2017, around 05:45, the Defendant driven B Karen car in the state of alcohol alcohol content of approximately 0.089% while under the influence of alcohol from a section of approximately 3 km to the road in front of the “Seowon,” located in the same Do-dong from the road in the same Do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at the main place of business, and statement of alcohol concentration in the blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other Acts and subordinate statutes;

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. According to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered by taking into account the following factors: the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime:

The fact that the defendant is recognized to commit the crime, that the defendant drinks the alcohol at the corner of the preceding day of driving the drinking of this case (the defendant stated that he drinks until 19:00,000 won due to the drinking driving in 207, and that the defendant was sentenced to a fine of KRW 1,00,000 due to the crime of driving the drinking in 2013.

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