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(영문) 제주지방법원 2015.09.08 2015고정738

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 June 14, 2015, at around 08:20, the Defendant driven a rail passenger car at a section of about 500 meters from the front of the coast guard station in Jeju Nowon-gu to the long distance of about 120 o'clock in Jeju-si, while under the influence of alcohol of 0.127%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

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, the selection of fines;

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: 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 facts of crime are recognized and reflected, and the circumstances that do not have the same kind of power are disadvantageous: The blood alcohol concentration is considerably high, and it is so decided as per Disposition on the grounds that the motive and circumstances of crime, circumstances after the crime, occupation, age, and family relationship of the defendant are higher.