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(영문) 제주지방법원 2016.02.02 2016고정47
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant driven a B rocketing passenger car with approximately 5km alcohol concentration of 0.186% from the 5km section to the front road of the KTW, located in the south-do of Do, Do, in Jeju Island, from the road near the south-do of Do, to the 33rd north-do.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Application of Acts and subordinate statutes to investigation reports;

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

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: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The fact that all facts constituting an offense are recognized and reflected, and the circumstances that are the first offender without previous conviction are disadvantageous to the point that the amount of alcohol concentration in blood is very high, and the driving distance is not short: It is decided as per Disposition on the grounds that the motive and circumstances of the offense, circumstances after the offense, the defendant's occupation, age, and family relationship are higher.

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