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Reasons
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(영문) 제주지방법원 2017.01.13 2016고단2531
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

【The Defendant issued, on November 25, 2014, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of KRW 2 million for the same crime at the same court on June 17, 2016.

【Criminal fact-finding on November 17, 2016, the Defendant driven a CSM-brea car while under the influence of alcohol content of about 0.058% in blood at approximately 100 meters from the road near the new hotel that is linked at Jeju, to the road front of the hotel in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Details of inquiries about management of a master report, inquiries about foreign crimes and criminal investigation records, and application of Acts and subordinate statutes to investigation reports (a copy of a summary order, etc.);

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. A favorable condition for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order in consideration of the following circumstances: Recognizing the facts of the crime and reflects on the fact of the crime, and considering the fact that the alcohol concentration in the blood at the time is not relatively high: A person who has been subject to criminal punishment twice for a violation of Road Traffic Act (pact-making): The fact that there exists a history of having been subject to criminal punishment (pact-type): The distance of drinking driving, the age of the defendant, the criminal sex, the environment, etc.

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