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(영문) 제주지방법원 2014.11.14 2014고정898
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On September 20, 2014, the Defendant was under the influence of alcohol of 0.107% with blood alcohol concentration around 04:00, and the Defendant was driving a Crenice car at the section of approximately 1 km from around the Jeju-do mobile viewing to around 102 in a complex of “friendly apartment” located in daily movement from around the Jeju-do mobile viewing to around 102.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes 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 (2) 2 and 44 (1) of the Road Traffic Act; Selection of a fine;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 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 the Disposition, taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing the facts of crime and reflects; the degree of blood alcohol content exceeds the punishment standard (0.1%); and the primary offender without previous conviction is determined as per the Disposition for the reasons above the age, occupation, etc.

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