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(영문) 제주지방법원 2014.08.22 2014고정617
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 29, 2014, the Defendant was under the influence of alcohol of 0.179% of blood alcohol concentration at around 01:00, and the Defendant driven C business car at approximately KRW 100 meters from the Gu’s “Slrenk” road located in the Jeju-si to the front of the vehicle registration office located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

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. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentence shall be determined in light of all the following circumstances as the reasons for sentencing in Article 334(1) of the Criminal Procedure Act: The facts of the crime are recognized and seriously reflects the circumstances; circumstances to be taken into account in the course of the crime (in a situation where a vicarious driving engineer is not assigned, the vehicle was driven in order to move the parked vehicle and return to the vehicle after being requested to move), and the circumstances disadvantageous to the first offender without a previous record are that the blood alcohol concentration is considerably high: The decision is made as per the disposition for reasons above the Defendant’s age, environment, family relationship, etc.

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