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(영문) 제주지방법원 2015.09.08 2015고정746
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 27, 2015, at around 23:00, the Defendant driven a passenger car with approximately three meters away from the 3,201-dong parking lot in Jeju-do, Jin-gun 1-ro, Jin-gun 3, 201-dong (Nom-dong, Earar Village Apartment), with a alcohol level of 0.149%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes notifying the result 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) 6 of the Criminal Act;

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

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, and the circumstances that there are no criminal records of the same kind: The fact that the blood alcohol concentration is considerably high: It is decided as per Disposition on the grounds that the circumstances to be considered in the motive and circumstances of the crime, such as the fact that the vehicle was brought about in this case at the parking lot, etc., the situation after the crime, the defendant's occupation, and family relations or higher.

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