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(영문) 제주지방법원 2017.09.28 2017고정298
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 17, 2017, the Defendant driven approximately one meter from a DNA passenger car in front of Jeju City B while under the influence of alcohol with 0.144% of alcohol concentration among blood transfusion around 21:34.

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. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Even if considering the circumstances such as the Defendant’s reflection of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment order and the economic difficulty, it is deemed that the amount of fine under the summary order is reasonable in light of the following: (a) the blood alcohol concentration is high; (b) the blood alcohol level has already been punished for driving under drinking in 2005 and 2012; and (c) the fact that the instant drinking was caused by an accident while driving the instant drinking, etc.

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