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(영문) 제주지방법원 2013.09.06 2013고정621
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 31, 2013, at around 23:05, the Defendant was under the influence of alcohol with 0.13% of alcohol concentration 0.13%, and the Defendant was driving at approximately KRW 7 km from the mutual finite finite on the side of the 5 apartment complex in Seopopo-si, Seopopo-si, Hongpo-si, Hongpo-si, to the front road of the Defendant’s residential area B, Seopo-si.

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 concerning criminal facts: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (a point of sound driving);

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 as per the Disposition in consideration of all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: Recognizing and reflecting the facts of the crime; Matototoba is driving; Matoba is a primary offender without previous conviction; Maba is not short of the driving distance; and Maba is determined as per the Disposition for reasons above such as blood alcohol concentration, Defendant’s occupation, family relation, etc.

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