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(영문) 제주지방법원 2013.03.26 2013고단99
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 22, 2005, the Defendant was issued a summary order of KRW 700,000 by the Jeju District Court to a fine of KRW 600,000 for a violation of the Road Traffic Act, a summary order of KRW 1.5 million by the same court on May 6, 2008, and a summary order of KRW 1.5 million by the same court on January 23, 2009.

On December 4, 2012, at around 23:00, the Defendant driven BM5 car from the front side of the “saturgy” road, which is linked to Jeju City, to the front side of the “Saturgy” restaurant located in the Oral City, Jeju, with a alcohol concentration of 0.171%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiry into the results of drinking driving control and investigation reports (report on filing of summary orders with regard to the same criminal records of a suspect);

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: A punishment shall be imposed as ordered in consideration of all the following circumstances with regard to the crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, taking into consideration the statutory punishment (a imprisonment of not less than one year but not more than three years, or a fine of not less than 5 million won and not more than 10 million won) and the following circumstances. favorable circumstances: The favorable circumstances are the fact at the time of committing a crime: the high blood alcohol content; the crime committed during a repeated offense period due to another crime; the fact that there are multiple criminal punishment records; other matters: the Defendant’s personality and behavior, etc. known in light of the Defendant’s age, environment

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