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(영문) 제주지방법원 2013.10.22 2013고정746
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 7, 2013, the Defendant was under the influence of alcohol with 0.132% of blood alcohol concentration without obtaining a driver’s license on June 21, 2013, and was driving a B-pon vehicle at a section of approximately 100 meters from the restaurant in the Seopo-si, Seopo-si to the front day of 100 meters in front of the “Cheongpocoma” in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes on the register of driver's licenses and inquiry into the control of drinking driving;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (2) 2, 44 (1) (a point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. Provisional payment order: A punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal situation: The fact of crime is recognized and reflected; the distance of drunk driving is shorter unfavorable: The last two previous crimes of the same kind; the violation of the Road Traffic Act (driving) and the fine of 1.5 million won (reduction by formal trial after a summary indictment of a fine of three million won): A blood alcohol concentration, the health status of the defendant (the second grade disability), economic conditions (the state of application for personal bankruptcy), family relationship, etc.;

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