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(영문) 제주지방법원 2017.09.21 2017고단960

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 27, 2017, the Defendant was sentenced to a fine of four million won as a crime of violating the Road Traffic Act by the Jeju District Court.

1. On April 2, 2017, around 02:35, the Defendant driven a C low-speed car with alcohol content of 0.145% while under the influence of alcohol without a vehicle driver’s license from approximately 800 meters away from the 5-lane 5-gil, Jeju, to the north side of the transformation Station distance in the same Do.

2. On the same day as the statement in paragraph 1, the Defendant driven a driver’s vehicle with Cromatic alcohol concentration of about 1km from the string hotel parking lot located in the 17:10 Jeju city to the front road of the Jeju Comprehensive Repair Center located in the same city to 81 man in the same city without a driver’s license, with a vehicle’s license of about 0.176% in alcohol while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Inquiries about the results of crackdown on driving under drinking;

1. The ledger of driver's licenses of each motor vehicle;

1. Reporting on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking as stated in paragraph (1) of the same Article), Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under paragraph (2) of the same Article), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving under paragraph (2) of the same Article), each of the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be taken into account all the various sentencing conditions specified in the instant pleadings, and in particular, the following circumstances shall be taken into account. The favorable circumstances: (a) reflects the nature; (b) must support wife and children; and (c) imprisonment without prison labor or heavier punishment as agricultural employees.