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(영문) 제주지방법원 2016.08.17 2016고단896
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 April 27, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on April 27, 201, and on May 31, 201, the Defendant was sentenced to a summary order of KRW 6 million by a fine for the same crime, etc. at the same court on May 31, 201, and was subject to punishment for a violation of Article 44(1) of the Road Traffic Act on more than two occasions.

On April 23, 2016, around 08:35, the Defendant driven C C-car while under the influence of alcohol concentration of about 0.065% from the 1km section to the roads near Samsung C-ro at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the circumstances of driving of alcohol, and statement on the circumstances of the driver;

1. Previous convictions: Inquiry into criminal history, investigation report (verification of driving records at least twice) and application of summary order Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of a fine;

1. Reduction: Articles 53 and 55 (1) 6 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to the reasons for sentencing: The degree of alcohol content is low, the drinking is completed, and the circumstances are controlled on the work route after the completion of the drinking, and the consideration is given.

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