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(영문) 제주지방법원 2017.11.29 2017고단1522
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 8, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court on September 8, 2015, and the said judgment became final and conclusive on September 16, 2015.

On April 29, 2017, under the influence of alcohol leveling to 0.230% from blood alcohol leveling around 22:40 on Apr. 29, 2017, the Defendant driven a C-A-A-D automobile owned by the Defendant in the section of approximately approximately 200 meters away from the yellow Dol, Han-gu, Han-si, Han-si, Han-si, Han-si, Han-si, Han-gu, Jeju-do, to the upper Dol in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. Inquiries about the results of crackdown on drinking drivers;

1. An accident scene photograph;

1. The driver's license ledger;

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

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (the point of drinking) of the Road Traffic Act, Article 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the selection of fines for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 of the Provisional Payment Order is that the defendant committed a violation of the Road Traffic Act (drinking) in the suspension period of the execution of imprisonment due to the same criminal's violation of the Road Traffic Act, etc.

However, the previous conviction of the defendant was punished as concurrent crimes of violation of the Road Traffic Act (driving of alcohol) and interference with the execution of official duties, and the sentence is imposed. The defendant does not have any history of criminal punishment other than the previous conviction, and in the case of the violation of the Road Traffic Act (driving without a license), it is sentenced to a fine as shown in the disposition by considering the circumstances.

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