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(영문) 제주지방법원 2014.01.10 2013고정1015
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

At around 22:20 on August 16, 2013, the Defendant driven a 0.102% alcohol concentration at a 0.10% alcohol content, and the Defendant driven a 500-cm Austria in the section B 125cm from the bottom breakwater in Jeju-si to the front of the “her Chinese stone” located in the Jeju-si container.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

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; Selection of a fine;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 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 the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing the facts of crime and reflects; the blood alcohol concentration is not high; the vehicle is a driver at Orala, and there is no history of criminal punishment after 2003: It is so decided as per the Disposition for the reasons above such as the circumstances of crime and the defendant's occupation, economic condition, and existing criminal record relationship.

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