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(영문) 제주지방법원 2015.09.18 2015고정734
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 June 14, 2015, at around 20:45, the Defendant driven C Adop passenger cars at approximately 300 meters in the section of about 300 meters, from the vicinity of the Samyang-dong in the Jeju Cyang-dong to the Jindo-ro 65, which is located in the same Dong, while under the influence of alcohol by 0.158% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol concentration and a written report on the main driver's license (the result of blood collection);

1. A criminal investigation report (on-site mobilization status, stamp details, etc.);

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 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. In light of the following circumstances, the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that the sentence is favorable to the determination of the sentence as ordered: The fact of the crime is recognized and reflected; the distance of the drunk driving is relatively short: The blood alcohol concentration at the time is very high to 0.158%; the person who was sentenced to a summary order of KRW 2 million due to the violation of the Road Traffic Act of April 18, 2005; and the fact that the person was discovered to have been exposed to the alcohol driving of this case and the fact that the offense is not good such as requesting the person to make a false statement is not good. The driving circumstance of this case, the defendant's age, character and conduct, environment, family relationship, etc.

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