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(영문) 제주지방법원 2015.02.13 2015고정52
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 18, 2014, the Defendant was under the influence of alcohol of 0.058% with blood alcohol concentration around 02:00, and was driving a Crens car at approximately KRW 1 km from the Southern High School located in Jeju Nowon-si to the roads located in the same Dong from the Southern High School to the roads located in the same Dong.

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. Provisional payment order: A sentence shall be determined as ordered by considering all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal circumstance: (a) recognized the facts of crime and reflects the fact of crime; (b) the blood alcohol concentration is not high; and (c) there is no record of criminal punishment since 2009: The same criminal record is two times for a previous offense (a fine of 1.5 million won on May 20, 2005; and (d) a fine of 1.5 million won on November 12, 2007): It is so decided as per Disposition for the reasons above such as the circumstances of crime, the defendant’s occupation, economic conditions, etc.

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