beta
(영문) 제주지방법원 2014.10.02 2014고단1142

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant was sentenced to a summary order of a fine of three million won on April 13, 2012 due to a violation of the Road Traffic Act (driving). On October 17, 2013, the defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) on October 17, 2013. The judgment becomes final and conclusive on October 25, 2013, and is currently under suspended sentence.

On July 26, 2014, at around 19:50, the Defendant driven a C49c motor bicycle owned by the Defendant at a distance of about 400 meters from the front day of Seopopo-dong Hongdong Hongdong to the front day of the same Seopo-dong red cU red store in the same city, under the influence of alcohol content of 0.2%, without obtaining a motorcycle driver’s license, from July 26, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a circumstantial report on a drinking driver, notification on the results of the control of drinking driving, each photograph, and the register of driver's licenses;

1. Application of the Act and subordinate statutes to inquiry reports and investigation reports;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle);

1. Commercial concurrence and choice of a sentence: A punishment shall be determined as ordered in consideration of all the following conditions as the grounds for sentencing a sentence of imprisonment in accordance with Articles 40 and 50 of the Criminal Act: (a) the crimes are against all recognized; (b) the crimes are driving a motor bicycle 49cc.; (c) the crimes are the crimes driving a motor bicycle 49cc.; (d) the state of inconvenience due to post-urinary symptoms; and (e) the state of inconvenience that supports two children of a married person after divorce as a basic living beneficiary: A person driving a motor vehicle without a license in a state of drinking; (b) the degree of blood alcohol is considerably high; (c) the degree of blood alcohol is high; (d) there is no record of obtaining a driver's license; (d) the crimes of violation of the Road Traffic Act (driving) on October 17, 2013; and (e) the crimes committed during the suspended sentence after being sentenced to a suspended sentence of imprisonment for six months until the end of the