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(영문) 제주지방법원 2013.03.26 2013고단136
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 11, 2013, at around 22:33, the Defendant was under the influence of alcohol with 0.167% of blood alcohol concentration, and the Defendant driven a Centent car at the section of approximately 1.5 km from the parking lot for the Donnam-dong in Jeju to the front road of the Dondong from the Donnam-dong to the Dondong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to any inquiry about the control of 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; Selection of a fine;

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

1. A provisional payment order: A sentence shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal condition: (a) considered that the time of committing a crime and seriously reflects the situation; (b) considered the disadvantage of the status when a person is sentenced to imprisonment without prison labor or heavier punishment; (c) the degree of blood alcohol content is not low; and (d) there are records of having been punished several times for the same kind of crime including suspended execution or higher punishment; and (e) other reasons such as the defendant’s age, occupation, and family relationship.

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