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(영문) 제주지방법원 2014.10.08 2014고정775
도로교통법위반(음주운전)등
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

around 17:30 on October 20, 2013, the Defendant driven B-wing truck under the influence of alcohol content of about 3km from around 17:50 on the 17:50 on the same day to about 4-Ara elementary school located in Aradong, while under the influence of alcohol content of about 0.089%.

Around 17:40 on October 20, 2013, the Defendant: (a) operated a truck of 21 ton, which is a company vehicle, in Jeju-si, at the same shooting distance, and turned on a pair of sets on the ground that the victim C (ma, 24 years old) who is proceeding prior to the same shooting distance from the same shooting distance of the company vehicle in the same shooting distance; and (b) sent a signal as soon as possible, sent the signal to the damaged vehicle, and repeated and threatened the speed.

As a result, when the signal atmosphere was sent at the Sama elementary school distance, the defendant was coming from the vehicle, and the victim also tried to get off the vehicle, and the defendant was dissatisfied with the defendant's entrance to speak, "hinging alcohol", which means "hing alcohol", and assaulted the victim's shoulder by drinking one time at the inside of the victim's own food, and cutting down the victim's shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a report on the control of drinking driving;

1. Relevant Article of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, Article 260 (1) of the Criminal Act, the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is based on the blood alcohol concentration, circumstances leading to each crime, and records of violence.

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