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(영문) 제주지방법원 2015.12.24 2015고정849
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 31, 2015, the Defendant was under the influence of alcohol of 0.072% of blood alcohol concentration at around 21:50, the Defendant driven Bsch Rex passenger cars at approximately 300 meters in the section of 300 meters from the festurma parking lot at the Southern-si south-si, Seocho-si to the coast route located on the south-ro 700 o-ro 17,000 in Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the control of drinking under the influence of alcohol;

1. Application of related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order does not recognize that the amount of fine specified in the summary order is excessive in light of the seriousness of the crime of drinking alcohol driving, the defendant's criminal record and relationship before the same offense (as a drinking traffic accident in 2013), the blood alcohol concentration at the time of driving, the defendant's age, character and behavior, environment and circumstances of the crime, balance with the sentencing cases in the same and similar cases, etc., and since there is no change of circumstances that may be considered in sentencing after the summary order, the court decides as above by maintaining the amount of fine in the summary order.

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