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(영문) 제주지방법원 2014.01.10 2013고정994
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 September 2, 2013, the Defendant was under the influence of alcohol of 0.178% with blood alcohol concentration around 22:00, and the Defendant driven B-wing truck at a section of approximately 100 meters from the north side of the “Sanam building site” located in Jeju Island 2 to the front of the new park located in the same Dong.

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 considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The facts of crime are recognized and reflected; the distance of drinking driving is shorter; there is no record of criminal punishment exceeding a fine; and there is no record of criminal punishment after 1996: It is decided as per the disposition for more reasons such as blood alcohol concentration, the defendant's family relation, economic condition, etc.

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