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(영문) 제주지방법원 2016.12.05 2016고정772
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 26, 2016, at around 23:15, the Defendant driven a C-A-burpted passenger vehicle with a blood alcohol concentration of about 0.174% at the section of about 1km from front of a restaurant in which it is impossible to know the trade name in Seopo-si Hongdong at Seopo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, report on the circumstances of drinking driving, and inquiry into the results of the regulation of drinking driving;

1. The application of Acts and subordinate statutes to the consent and request for blood collection, request for appraisal, response to appraisal, written appraisal of blood alcohol, and written report on de facto drivers;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; Selection of a fine;

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances favorable to the reasons for sentencing: The degree of blood alcohol concentration is considerably high.

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