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(영문) 제주지방법원 2016.06.30 2016고단640
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

【The Defendant was issued, on February 26, 2014, a summary order of KRW 1 million by the Jeju District Court for a crime of violating the Road Traffic Act, and KRW 5 million by the above court on July 29, 2014 for a crime of violating the Road Traffic Act.

【Criminal facts】 On March 21, 2016, the Defendant driven a D-wing and freight vehicle from the “C” parking lot located in Jeju-si B at Jeju-si to the 515-dong dong-ro, Jeju-si, from around 2 kilometers in front of the witrug Distribution Center, while under the influence of alcohol level of 0.137% during blood transfusion around 16:50.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the occurrence of a traffic accident (including related photographs and field map), and inquiry into the results of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal records;

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 is that the Defendant committed the instant crime even if he was issued two times due to drinking prior to the instant crime, and even if he was issued two times prior to the instant crime, the Defendant committed the instant crime. The Defendant repeatedly committed the instant crime during the last two years, and that the Defendant’s blood alcohol concentration level at the time of the instant crime is high is disadvantageous to the Defendant.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, that the defendant has no record of punishment in addition to the above two summary orders due to drinking driving, and that there is no record of punishment other than the above two summary orders, in similar cases, the age, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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