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(영문) 제주지방법원 2013.06.14 2013고정384
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 19, 2013, the Defendant was under the influence of alcohol with 0.207% of blood alcohol concentration at around 05:26, and was driving a Cone Star car in the section of about 2 km from the shooting distance near the “cultural knife” distance in the Jeju-si street to the cafeteria of “old sacrife-type” restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on detection of drivers (Evidence List Nos. 16);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 1 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 determined as ordered by taking into account all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: A favorable normal condition: The fact that the time of committing a crime and reflects the fact: the fact that blood alcohol concentration is very high, the fact that there is a criminal record of the same kind: It is decided as per the disposition by the defendant for reasons above, such as economic conditions and family relationship

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