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(영문) 제주지방법원 2016.05.26 2015고단1833
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On October 30, 2007, the defendant was sentenced to imprisonment with prison labor for one year (driving to 0.119% of alcohol in blood on September 17, 2006) (driving to 0.119% of alcohol in blood on September 17, 2006), and six months (driving to 0.076% of alcohol in blood on September 22, 2007) (driving to 0.076% of alcohol in blood on September 22, 2007) by the same court for the same crime, etc., at the Jeju District Court, and the above two judgments were consolidated and sentenced to imprisonment with prison labor for one year.

[2] On December 2, 2015, the Defendant driven a motor bicycle under the influence of alcohol with approximately 7km alcohol concentration of 0.166% from the 7km section around the Japanese Hospital, Japan-dong, Jeju-do, Jeju-do, to the front day of Mat, and then drive a C motor bicycle under the influence of alcohol with alcohol content of 0.166%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, inquiry into the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver at drinking, and a report on actual condition;

1. Previous convictions: Application of inquiry statements, investigation reports, and statutes, such as criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 Criminal Procedure Act committed the instant crime in spite of the past record of having been sentenced to a suspended sentence of imprisonment or imprisonment with prison labor on several occasions due to driving under the influence of alcohol in the past. Furthermore, on February 12, 2015, the Defendant was sentenced to a suspended sentence of six months by obstructing the performance of official duties at the Jeju District Court on February 24, 2015 and was sentenced to a suspended sentence of two years on February 24, 2015, and the judgment became final and conclusive and conclusive on February 24, 2015, going to the instant crime. In light of the fact that the Defendant’s blood alcohol concentration is very high at the time of the instant case, and causes traffic accidents while driving the said drinking, it is inevitable to severely punish

However, the defendant confessions the crime of this case and repents his mistake.

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