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(영문) 제주지방법원 2014.10.10 2014고정787
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

On June 15, 2014, the Defendant was under the influence of alcohol of 0.148% with blood alcohol concentration at around 01:16, and the Defendant driven B LP car at a section of approximately 40 meters from the Jin-gun road located in the same Dong from before the “Lin-si Housing” located in Jeju Nowon-gu to the roads 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 per Disposition in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing and reflecting the facts of the crime, there are circumstances that may be considered in the course of the crime (the name of the crime when a substitute driver intends to park a vehicle on which he is placed), and the circumstances that are the first offender without previous conviction: Other circumstances that are disadvantageous to the first offender: The fact that the blood alcohol concentration is high: The circumstances before and after the crime (the occurrence of an accident that causes two vehicles parked in other parked vehicles) and the defendant's occupation and economic conditions, etc. are determined as per Disposition.

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