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(영문) 제주지방법원 2018.05.04 2017고단2500
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal history] On October 14, 2011, the Defendant received a summary order of a fine of three million won for a crime of violating road traffic law (drinking driving) at the Jeju District Court. On August 30, 2012, the Defendant was sentenced to a fine of five million won for the same crime in the same court.

[2] On September 24, 2017, at around 06:36, the Defendant driven Dworka with alcohol content of 0.061% under the influence of alcohol at approximately 15 km from the Defendant’s house located in Jeju, to the front day of the live-ro in Jeju.

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 conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment was committed again despite the fact that the defendant had been punished several times for the same kind of crime, including the previous conviction in the judgment, but, at the time of the instant case, the alcohol concentration in the blood was not very high and drinking before the crime

The punishment shall be determined as per the order by taking into account all the circumstances, such as the facts after the crime, the circumstances after the crime, and the age of the defendant.

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