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(영문) 제주지방법원 2017.05.24 2017고단429
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law at the Jeju District Court on September 28, 2007, and a fine of KRW 3 million for a violation of road traffic law (dacting driving) at the above court on June 9, 2008, respectively. On August 28, 2016, the above court was sentenced to a suspension of execution for four months as a special property damage crime and was sentenced to a suspension of execution on August 28, 2016. The judgment became final and conclusive on August 28, 2016.

[2] On February 16, 2017, the Defendant driven B observer car under the influence of alcohol concentration of approximately 0.220% in a section of about 50 meters from the 50-meter radius to the front road of the Jinju photographic book in the Han River-Eup, Han-si, Han-si, Han-si, Han-si, Han-si, Han-do.

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. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the Defendant had a history of driving alcohol in the past two times, and has committed the instant crime during the period of suspension of execution, as well as that of alcohol concentration in blood is very high to 0.220%, and thus, the Defendant should be punished strictly.

However, after the detection of a non-licensed driving in 2008, a fine shall be selected by taking into account all the circumstances, such as the fact that the person has not committed the same kind of crime for about nine years, the crime under suspended execution is different from the crime in this case, and the fact that there is a family member to be supported by the defendant, but the amount shall be the maximum amount as the order.

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