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(영문) 제주지방법원 2013.03.27 2013고정78
도로교통법위반(음주운전)등
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 October 21, 2012, at around 02:10, the Defendant, without a vehicle driver’s license, driven a 20-meter cruital wals processing plant of South Won-Eup, Seoul, starting from a flusal crusal crusal vehicle owned C with a 0.17% alcohol level without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of the forwarding Acts and subordinate statutes upon request for driver's license ledger;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant has no criminal history against the defendant, and the defendant, as an industrial trainee, entered the Republic of Korea as an alien and has lived faithfully for families residing in the place of nationality);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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