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(영문) 제주지방법원 2016.07.07 2016고단767
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 December 14, 2009, the Defendant was sentenced by the Jeju District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act, and a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act in the same court on March 11, 201.

On April 25, 2016, at around 15:25, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content of approximately 0.134% from the 1.3km section to the front of the convenience store of about 1.25, GS25, in front of the Jeju Oral hotel located in Samdo-dong, Jeju, Jeju.

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 drinking driving;

1. Investigation report (Confirmation of the distance from driving of the suspect);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to a written inquiry about the results of crackdown on driving under drinking), inquiry about the results of crackdown on driving under drinking (2009), inquiry about the results of crackdown on driving under drinking (2011), and application of Acts and subordinate statutes to investigation reports (Attachment to a copy of 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act has been issued twice due to driving of alcohol prior to the instant crime, the Defendant should be strictly punished in light of the following: (a) the Defendant left the instant crime; and (b) the Defendant’s blood alcohol concentration at the time of the instant crime was high.

However, the defendant confessions the crime of this case and repents his mistake, there is no record of criminal punishment exceeding the past fine, the distance of the defendant's driving, the two sentences in similar cases, the age of the defendant, sexual conduct, environment, circumstances after the crime, and other various conditions of sentencing as shown in the records and arguments of this case shall be determined as the sentence as ordered, in consideration of all the conditions of sentencing specified in the records and arguments of this case.

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