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(영문) 제주지방법원 2013.11.15 2013고정833

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was under the influence of alcohol with 0.113% of blood alcohol concentration at around 22:17, and was driving a car at B with B at the section of approximately 500 meters from the front of the “degrasium” located in Seopo-si in Seopo-si, Seopo-si to the front of the “degrasium” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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) 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: The sentence shall be determined as per the Disposition in consideration of all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: The facts of crime are recognized and reflected; the distance of driving under the influence of alcohol is short; it is an initial crime without previous conviction; and it is decided as per the Disposition for reasons above such as blood alcohol concentration and the occupation and economic conditions of the defendant.