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(영문) 제주지방법원 2017.01.13 2016고단2578
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 7, 2016, while under the influence of alcohol 0.29% in blood, the Defendant driven a 2-km car on the B’s 100-meter off the north of the Security Counseling Center’s 100-meter back to the road at a point of 75 meters north of the same city, from the north of the Jeju city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

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

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: On February 12, 2016, the general military court of the Navy issued a summary order of KRW 2 million due to the violation of road traffic law (driving) by the ordinary military court of the Navy on February 12, 2016. The amount of alcohol concentration in blood is very high. It is so decided as per Disposition on the grounds that the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, and family relationship are higher.

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