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(영문) 제주지방법원 2015.11.03 2015고정614
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 May 29, 2015, at around 01:55, the Defendant driven a B-hyd passenger car under the influence of alcohol concentration of about 300 meters from the vicinity of the cafeteria to the Gu cultural knife distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of a motor vehicle;

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, the selection of fines;

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

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

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, and the condition unfavorable to the first offender without a previous record is considerably high: The blood alcohol concentration level is determined as above due to the motive and circumstances of the crime, circumstances after the crime, driving distance, the defendant's occupation, and family relations or higher.

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