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(영문) 제주지방법원 2017.02.16 2016고단2803
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 5, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jeju District Court on the same day, and on September 1, 2011, the Defendant was sentenced to a fine of eight million won for the same crime in the same court.

On December 1, 2016, the Defendant was under the influence of alcohol level of 0.061% among the blood transfusions around 22:15, and the Defendant driven a low-speed car at a level of 300 meters from the front parking lot in front of the Jeju-do Do Do dong to the front road of the same Do Do dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment report, such as judgment of the same kind of crime committed by the suspect);

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. In light of the fact that the defendant committed the crime of drinking alcohol driving in spite of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had a record of punishment for the crime of drinking alcohol driving three times, the defendant should be punished strictly.

However, the defendant confessions the crime of this case, the alcohol concentration of the defendant's blood at the time of the crime of this case is relatively low, and the defendant is de facto unable to support his family when he is sentenced to imprisonment with prison labor in this case. In the similar case, the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case.

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