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(영문) 제주지방법원 2016.02.05 2016고정1
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 9, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court, and on December 6, 2010, the Defendant was sentenced to a fine of KRW 2 million for the same crime at the same court.

On August 18, 2015, the Defendant driven a bicycle with C89c motor device at a level of 300 meters from the roads near the Agricultural Cooperative Distribution Center in Jeju-si, the monthly light of which is 0.054% of alcohol during alcohol while under the influence of alcohol at around 11:25, to the roads in front of the Hyundai Service Center in Jeju-ro 43(Nom-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to judgments, etc. on criminal acts of the same kind as the suspect), inquiry into the results of crackdown on drinking driving (i.e., August 10, 2010), and the application of statutes to the records of crackdown on drinking driving (i.e., August 11, 2010);

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. Articles 53 and 55(1)6 of the Criminal Act for Reduction of Quantity (the fact of crime is recognized and reflected; the alcohol concentration in blood at the time is relatively high by 0.054%; the previous conviction in the judgment is a criminal for around 2010; the current report on the discontinuance of use of the instant motor bicycle; the Defendant is aged, and economic conditions, etc.)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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