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(영문) 제주지방법원 2017.01.13 2016고단2541
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

On November 21, 2016, the Defendant was under the influence of alcohol level of 0.111% among blood transfusions around 01:05, and the Defendant driven a car with B 50 meters at the speed of 104 meters from the road near the Snish hotel shooting distance in Jeju-ro 104 (on a yearly basis) at Jeju-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

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

1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

Equitable circumstances: It is expected that all criminal facts will not be reoffending in the future.

The circumstances that are disadvantageous to the point of being committed: The history of being punished by a fine on June 11, 2009 for the same kind of crime, and the suspension of indictment on November 10, 2015 is imposed on the same kind of crime: The amount of alcohol concentration and driving distance, motive and background of the crime, circumstances after the crime, occupation, age, and family relation of the defendant is determined as above.

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