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(영문) 제주지방법원 2013.12.13 2013고단1498
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 September 29, 2013, the Defendant was under the influence of alcohol with 0.146% of blood alcohol concentration around 21:20 on September 29, 2013, and the Defendant driven B-wing and freight cars from the front of the “Korea-U.S. Fain,” located in the B-U.S. Eup, in the direction of approximately 700 meters to the front of the outer bus stops in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Provisional payment order: The 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: The circumstances that recognize the facts of crime and reflect it: The punishment is committed during the repeated crime period after having been sentenced to four months of imprisonment due to a violation of the Road Traffic Act (unlicensed driving) and completed the execution of the sentence on January 8, 2011 (Provided, That the fact that the crime was committed during the repeated crime period after the completion of the execution of the said sentence, and that the termination of the repeated crime period is no criminal record after the completion of the said sentence, and that the repeated crime was committed after the lapse of about three months is favorable to the defendant): Other reasons such as blood alcohol concentration, details of the crime, and family relationship of the defendant.

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