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(영문) 제주지방법원 2013.07.12 2013고정492
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

At around 23:50 on May 23, 2013, the Defendant, while under the influence of alcohol of 0.132% of blood alcohol concentration, driven a Maz car at approximately KRW 1km from the hospital in Jeju-si to the front road of the “Mari-dong” located in the same city from the hospital in the Jeju-si linkage.

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) 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. Provisional payment order: The punishment shall be determined as per the Disposition in consideration of all the following circumstances as a result of the sentencing of Article 334(1) of the Criminal Procedure Act: The favorable circumstances: the fact that the time of committing a crime and reflects the fact: The blood alcohol concentration is not low; the fact that there is a fine of two million won as a crime of violation of the Road Traffic Act (driving) before the same offense and on July 16, 2010; and other reasons such as the Defendant’s economic condition and family relation, etc. are determined as per the Disposition.

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