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(영문) 제주지방법원 2015.01.15 2014고정1070

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 September 18, 2014, at around 00:35, the Defendant driven a Clearning car from approximately 100 meters away from the Jeju Viewing Parking Lot near the Jeju Do, in the state of alcohol 0.110% (the result of blood appraisal).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written circumstantial statements and written appraisal of a host driver;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

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

1. Provisional payment order: A punishment shall be determined as per the Disposition in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal condition: (a) recognized a crime and reflectd; (b) driving a vehicle parked on the road as a parking lot at a relatively short distance that the vehicle intended to park as a parking lot; (c) a condition unfavorable to the first offender who has no record of criminal punishment: The fact that blood alcohol content cannot be said to be low: The Defendant’s age, occupation, etc.