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(영문) 제주지방법원 2016.08.18 2016고정329
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 29, 2016, the Defendant driven B rocketing passenger cars at the section of about 400 meters from the road in front of the Jeju Nomnom-ro 83 (Um-dong), in the state of alcohol alcohol concentration of 0.10% among blood transfusions, to the front road of the Jeju Nom-ro 83 (Um-dong).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to report the circumstances of drivers of drinking alcohol and inquire about the results of crackdown on drinking driving;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant confessions the crime of this case and repents his mistake, and there is no record of other crimes except the punishment by a fine once for the crime of this type, and the distance of the defendant's driving is relatively short. However, considering the circumstances favorable to the defendant, the defendant's degree of alcohol level at the time of the crime of this case, the two sentences in similar cases, the defendant's age, sex, environment, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case, it is not recognized that the amount of fine specified in the summary order is excessive, and there is no change in circumstances that can be considered in the punishment after the summary order, and it is so decided as per Disposition by maintaining the amount of fine under the summary order.

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