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(영문) 제주지방법원 2014.06.27 2014고정435
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was under the influence of alcohol of 0.153% of blood alcohol concentration at around 20:00, and was driving a Category B Newcompurd car from the parking lot of “Korea Hospital” located in Jeju-ro 65 to the back of the funeral hall of the above hospital from around 50 meters to around 50 meters.

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: A sentence shall be imposed as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: recognition of the facts of crime and seriously reflects the fact; short of the distance of driving under the influence of alcohol; disadvantageous circumstances that there are no criminal records exceeding a fine: (a) the person having a same criminal record [the violation of the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) on December 17, 2010; (b) a fine of two million won]; and (c) other reasons such as blood alcohol concentration, circumstances leading to the crime and the defendant’s occupation, family relationship, economic conditions, etc.

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