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(영문) 제주지방법원 2016.06.30 2016고단870
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

【Criminal Records of Crimes】 On December 12, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of Road Traffic Act at the Jeju District Court on December 12, 2008, and issued a summary order of KRW 1.5 million for the same crime in the same court on February 25, 2011, and other same records are more than once.

【Criminal fact-finding on May 9, 2016, the Defendant driven a C low-speed car in the state of alcohol alcohol concentration of about 1km from around 03:50 on May 9, 2016 to the front road of the “Woowon” located in the 241-1 (Jindo Do Do Do dong) in the same Western-ro from the front of Jeju Island B at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver at the main place of business (A);

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

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a copy of a summary order), a copy of the summary order, and application of statutes;

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. In light of the fact that the Defendant committed the instant crime in spite of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had a history of punishing a fine on three occasions due to drinking driving, it is necessary to strictly punish the Defendant.

However, the fact that the defendant led to the crime of this case and divided his mistake, the defendant was driving at the new wall under the condition that the former drinking was less than the former drinking but was found to have been driven by drinking. The numerical value of alcohol concentration in blood at the time of the crime of this case, the distance of the defendant's driving, there was no record of criminal punishment exceeding the past fine, the two times in similar cases, the defendant's age, sex behavior, environment, conditions after the crime, and other various sentencing conditions shown in the records and arguments of this case.

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