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(영문) 제주지방법원 2014.08.08 2014고정528
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 15, 2006, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Jeju District Court on September 15, 2006. On July 24, 2009, the above court was sentenced to a fine of KRW 2 million as the same crime, and the judgment became final and conclusive on August 1, 2009.

On March 6, 2014, at around 00:55, the Defendant was under the influence of alcohol with 0.128% of blood alcohol concentration. On March 6, 2014, the Defendant driven Crain car in the section of about 30 meters from the alleyway near the Bosung-dong 1, Jeju City to the public parking lot located in approximately 25 m30m of Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The provisions of each of the Acts and subordinate statutes concerning "one copy" shall apply 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 (1) 1 and 44 (1) of the Road Traffic Act; Selection of a fine;

1. Discretionary mitigation: Articles 53 and 55 (1) 6 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 Disposition in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing and reflecting the facts of the crime, and there are circumstances to consider the circumstances of the crime (a crime to move a vehicle parked on the road before and after drinking), and other reasons such as blood alcohol concentration, circumstances before and after the crime (the occurrence of property damage and damage), and the occupation and economic conditions of the defendant, etc. are determined as per Disposition.

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