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(영문) 제주지방법원 2013.04.23 2013고정240
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 20, 2012, the Defendant was under the influence of alcohol of 0.160% with blood alcohol concentration around 23:10 on December 20, 2012, and from Jeju to Jeju-si, the Defendant driven B-co-owned truck in the section of approximately 2 km from Jeju-si to the front of the “Thototopan” located in the e-mail-dong located in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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 sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing in Article 334(1) of the Criminal Procedure Act: The favorable circumstances: the time of committing a crime; the fact that there is no previous conviction in the same kind; and the fact that there is no previous conviction: It is decided as ordered by the disposition for the reasons above such as blood alcohol concentration, drinking driving distance and the occupation and economic environment of the defendant.

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