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(영문) 제주지방법원 2014.04.04 2014고정109

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 August 29, 2013, the Defendant was under the influence of alcohol of 0.19% in blood alcohol concentration at around 21:01, and was driving C car parked on the road front of the “Seoul Agricultural Cooperative, Yeung-si,” which was located in the Jeju-si Kim Gyeong-ri, at approximately three meters in volume.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

1. A provisional payment order: A sentence shall be imposed as ordered in consideration of all the following circumstances with the reason for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal condition shall be determined as ordered in consideration of the following circumstances: (a) the recognition of the facts of the crime; (b) the distance of drunk driving is very short; and (c) circumstances are to be considered in the course of the crime (a) and there are no other criminal records except for the vehicle parked once a fine is imposed in 197; and (d) the normal condition that there is no other criminal records: (a) the blood alcohol concentration is very high; and (b) other reasons such as the