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(영문) 제주지방법원 2016.12.22 2016고단2247
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 12, 2016, at around 04:40, the Defendant driven Cwer vehicle under the influence of alcohol with approximately 0.329% of blood alcohol concentration at a section of about 300 meters from the 14 member sugar parking lot, Seopo-ro, Seopo-si, Seopo-si, to the roads adjacent to the same Sinpon-ro 414 CU cU flow.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, and report on the status of drinking drivers;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime by driving under the influence of blood alcohol concentration of 0.329%. In light of the fact that the Defendant’s blood alcohol concentration at the time of the instant crime, as the blood alcohol concentration of the Defendant was very high, may have caused serious danger to traffic safety and another person’s life or body, and that the Defendant, while driving under the influence of alcohol, actually caused a traffic accident involving vehicles parked on the road, should be strictly punished.

However, in light of the fact that the defendant led to the crime of this case, the defendant did not have committed the crime of drinking alcohol driving, and there is no record of criminal punishment exceeding the fine, the sentencing example in similar cases, the defendant's age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case, the punishment shall be determined as ordered.

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