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(영문) 제주지방법원 2013.08.30 2013고단864
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 November 13, 2007, the Defendant was issued a summary order of 2.5 million won by a Jeju District Court for a crime of violation of the Road Traffic Act, and on December 18, 2008, the above court has the record of being sentenced to imprisonment with prison labor for the same crime, etc.

On June 23, 2013, the Defendant was under the influence of alcohol with 0.145% of blood alcohol concentration at around 00:13, and was driving a D-do-purd car at approximately 5km from the Defendant’s house in Jeju-si to the front road in Jeju-do-nam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on detection of, and inquiry reports for, a host driver;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 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 imposed as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance recognized and reflects the facts of the crime; the fact that if the defendant is detained, it may cause an excessive difficulty to his family members (the spouse and two children of four years and eleven months) if the defendant is detained: A criminal record of the same kind of punishment is committed; the criminal record of the same crime is committed; and the punishment of the violation of the Road Traffic Act (Refusal of Drinking Measures) on November 24, 201 during the repeated offense period is sentenced to eight months on July 24, 201 and the execution of the sentence is completed by the Jeju Prison on July 24, 201: Provided, That the fact that the criminal was committed after a considerable period of time has elapsed during the repeated offense period is considered to be favorable to the defendant; and the fact that it is a crime under the circumstances such as

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