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(영문) 제주지방법원 2014.02.07 2014고정9
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 May 23, 2007, the Defendant received a summary order of a fine of KRW 2 million as a crime of violation of the Road Traffic Act from the Sungnam Branch of Suwon District Court on May 23, 2007, and a fine of KRW 1.5 million as the same crime at the Seoul Western District Court on January 10, 201.

On September 3, 2013, the Defendant was under the influence of alcohol with 0.087% of blood alcohol concentration at around 00:11, and the Defendant driven a B-type cargo vehicle at the section of approximately 1km from the front of the “Smi-dong,” which is located in the Jeju Nowon-dong, to the front of the “Smi-dong,” located in the Jeju-si from the restaurant.

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 (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: The punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The facts recognized and reflected in a crime; the blood alcohol concentration is not very high: It is decided as per the disposition for the reasons above, such as the defendant's occupation, family relation, and previous previous criminal record.

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