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(영문) 제주지방법원 2017.02.10 2017고정9
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 October 30, 2016, the Defendant driven a B car volume with approximately 300 meters alcohol content of approximately 0.224% from the south-won apartment 102 parking lot to the front road in the same Ri from the south-won apartment 102 south-si, Seopo-si, Seopo-si on October 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

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

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

1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The circumstances that are disadvantageous to the fact that all facts constituting an offense are recognized and the amount of alcohol concentration is extremely high (the defendant was aware that he/she was fine after he/she drinks alcohol, and he/she was driving after he/she was aware that he/she was fine.

One of the arguments is 0.2% of blood that is far more than, there is no room for justification in light of alcohol concentration; the operation of drinking is first or without a license; fine two times due to a violation of road traffic laws; imprisonment has been imposed once. Other matters: motive and circumstance of the crime; circumstances after the crime was committed; the defendant's occupation, age, family relationship;

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