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(영문) 제주지방법원 2018.04.06 2015고단141 (1)
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On November 7, 2007, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution due to a violation of road traffic law at the Jeju District Court. On June 14, 2012, the Defendant was sentenced to a fine of 5 million won due to a violation of road traffic law at the Jeju District Court. On January 9, 2013, the Defendant was sentenced to imprisonment with prison labor for 10 months due to a violation of road traffic law at the Jeju District Court's Jeju High Court's Criminal Division.

[2] On January 4, 2015, the Defendant: (a) around 01:35, the Defendant driven a math motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.070% in blood, from around 500 meters to the front day of “E” located in Jeju Island D.

On February 2, 2015, 2015, the Defendant driven a FM business car under the influence of alcohol content of about 0.099% in the 1km section from the front of the Defendant’s house located in G at Jeju to the road located in Jeju-si 1, 102-3.

Summary of Evidence

"2015 Highest 141"

1. Statement of the defendant in the second public trial records;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in the judgment: 2015 order 374"in response to inquiries, investigation reports (Attachment, such as a copy, etc. of the previous judgment and a copy, etc.);

1. Statement of the defendant in the second public trial records;

1. A copy of the statement report on the circumstances of a driver who is in charge of drinking and the ledger of using the measuring instruments for drinking alcohol (6485);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (formers and attachment of judgment) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the choice of a fine for a crime, and the choice of a fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Provisional Payment Order is several times, and the defendant has been punished for the same kind of crime, and in particular, the defendant is punished for a violation of the Road Traffic Act around 2013.

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