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(영문) 제주지방법원 2014.06.13 2014고단431
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

around 07:45 on December 13, 2013, the Defendant was under the influence of alcohol with 0.071% of alcohol concentration in blood, and the Defendant was driving a car BM520 on the section of approximately 1 km from the “Gland hotel” in Jeju-si linkage to the street in the old-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) 3 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. A provisional payment order: A sentence shall be determined as per the Disposition, considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: recognition of and reflects on the facts of a crime; and the degree of blood alcohol content is not high: A recent previous criminal conviction (a fine of KRW 3 million on November 26, 2013): Provided, That the fact that there is no record of criminal punishment after 1980, other than this criminal conviction, due to circumstances favorable to the defendant, such as circumstances favorable to the defendant, and circumstances after the crime, etc. is determined as per the Disposition.

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