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(영문) 제주지방법원 2014.04.18 2014고정281
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

On March 19, 2014, the Defendant was under the influence of alcohol with 0.065% of blood alcohol concentration at around 21:35, and was driving a B observer car at the section of approximately 100 meters from the parking lot behind the “romotour” in the Jeju City Tri-do, to the front of the “Yanmotour” in the same Dong from the parking lot.

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) 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 ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance recognized and seriously reflects the facts of crime, the blood alcohol concentration is not high, and there are circumstances to be taken into account in the motive for crime (in order to take out a child to a hospital), the fact that there are no criminal records of the same kind, and other reasons such as the defendant’s occupation, family relation, and economic conditions. It is so decided as per Disposition by the assent of all participating Justices.

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