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(영문) 제주지방법원 2018.11.13 2018고단99
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On December 23, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for a crime of violating the Road Traffic Act (driving). On March 10, 2016, the Defendant was issued a summary order of KRW 2 million by the same court as the same crime.

[2] On December 23, 2017, at around 01:30, the Defendant: (a) driven a motor vehicle B in the form of alcohol alcohol concentration of approximately 0.101% from the 5km section of the blood alcohol level from the 5km-dong, Seocheon-gu, Jeju to the 5km-dong, Seocheon-do, Jeju to the 5km-dong, Jeju-do.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, (A), Jeju District Court Decision 2014, 1522, 2016, 2016, 2016, 2045, ;

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 even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had a record of punishment twice due to drinking driving after around 2014, the Defendant’s crime is not weak.

Such circumstances and other circumstances as the alcohol content at the time of committing the crime, the background leading to the crime, the age and environment of the defendant, and the circumstances after committing the crime, together with all the circumstances that may be conditions for sentencing, shall be determined as the sentence as ordered.

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