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(영문) 제주지방법원 2017.02.03 2016고단2644
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,500,000.

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

Reasons

Punishment of the crime

[criminal history] On March 31, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and a summary order of KRW 2.5 million for the same crime at the same court on November 22, 2012, respectively.

[2] On November 6, 2016, the Defendant driven a BEX car under the influence of alcohol with approximately 0.084% alcohol concentration from approximately 5 km section from the 5km section, which is located in the West-dong, Seopo-si, Seopopo-si, Seopo-si, Seopo-si, to the front road in the same west-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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, the selection of fines;

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

1. Provisional payment order: The Criminal Procedure Act recognizes all the facts constituting the crime for sentencing under Article 334(1) of the Criminal Procedure Act; the alcohol concentration and driving distance in the blood of this case; and the blood content in the case of the crime record of this case (0.072%, 0.078%) in consideration of the motive and circumstance of the crime of this case; circumstances after the crime of this case; Defendant’s occupation, age, family relation, etc.; and the sentence is determined as ordered by the disposition of this case for the above reasons.

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