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(영문) 제주지방법원 2016.03.29 2016고정175
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal history] On August 28, 2009, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court on the grounds of a violation of road traffic law (dacting driving), and a fine of KRW 6 million by the same court on January 28, 2014 (dacting driving).

[2] On December 27, 2015, the Defendant driven a BD car at a 1km section from the roads near the restaurant located in the Donam-dong in Jeju-si to the roads in front of the "Dak Sari Sari" located in the same Do-dong in the same city, under the influence of alcohol content of 0.062% among blood transfusion around 22:20% on December 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines;

1. Reduction: Articles 53 and 55 (1) 6 of the Criminal Act;

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

1. Provisional Payment Order: The fact that the criminal facts of the sentencing of Article 334(1) of the Criminal Procedure Act are recognized and reflected, and that the amount of alcohol concentration during blood is not high, the driving distance, motive and background of the crime, circumstances after the crime, the defendant's occupation, family relationship, age, etc. are all considered.

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