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(영문) 제주지방법원 2013.04.30 2013고단238

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 16, 2013, the Defendant, while under the influence of alcohol of 0.174% of blood alcohol concentration at 0.22:05, driven a B-rick vehicle from the front of the restaurant of “finite Unification”, which is linked to Jeju City, to the front road of the “finite Road” located in the same city, to the front road of the “finite Road” located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to any inquiry about the control of 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; Selection of a fine;

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

1. A provisional payment order: A punishment is determined as ordered by considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance that recognizes the facts of a crime: The fact that blood alcohol content is considerably high; the fact that a fine of 3 million won on December 128, 2013, which was entered by a drunk driving, led to the instant crime; and the fact that the Defendant’s age, occupation, etc. is not high. It is so decided as per Disposition by the assent of all participating Justices on the bench.