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(영문) 제주지방법원 2016.10.19 2016고단1429
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 August 21, 2007, the defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court on August 21, 2007, and on November 11, 2008, a summary order of KRW 2.5 million was issued for the same crime by the same court on November 11, 2008, respectively.

On July 8, 2016, at around 04:45, the Defendant driven B cruise car under the influence of alcohol content of about 0.173% at a section of approximately 150 meters in front of an officetel located in the same Dong around the time from a Do near Pul hotel that is linked to Jeju Island.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a summary order, etc.);

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing: The fact that there is no previous conviction other than the crime of violation of the Road Traffic Act.

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