(영문) 제주지방법원 2016.07.14 2016고정281

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2016.07.14 2016고정281

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On March 21, 2016, the Defendant driven a Clearning passenger car at approximately 300 meters away from the road in front of the south-do in Jeju Island to the private distance from the south-do post office located in the same Dong, while under the influence of alcohol of at least 0.05% among the blood transfusion around 00:30 on March 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the occurrence of a traffic accident (including related photographs and field map);

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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: (a) the Defendant recognized the instant crime and divided his mistake in depth; (b) the modification of indictment was made to the effect that the Defendant was driven under a state of 0.05% or more of alcohol concentration in the blood, which is the standard subject of punishment, on the grounds that there was an interval between the point of time between the driving time of alcohol and the point of measuring the alcohol concentration in the blood; (c) the occurrence of traffic accidents caused by the Defendant’s drinking, but the damage of the damaged vehicle was minor and the damage was recovered; (d) the Defendant was the first offender who had no power to commit the instant crime before the instant crime was committed by college students; (c) the Defendant was the first offender who had no power to commit the instant crime; (d) the Defendant’s age, sex, environment, circumstances after the instant crime; and (e) the various sentencing conditions as set forth in the oral arguments and arguments.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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