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(영문) 제주지방법원 2018.10.22 2018고단736

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On March 27, 2018, the Defendant, without obtaining a driver's license of a motor vehicle on March 27, 2018, driven a F Poter Cargo at a section of about 300 meters from the front of C, which is located in Seopo City B, Seopo-si, in the state of alcohol concentration of 0.171%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all the conditions for sentencing specified in the argument of the instant case, and the following circumstances shall be considered in particular: A favorable circumstance: (a) reflects the situation; (b) the number of family members and branch members have been placed in the front school students’ preference; (c) in particular, one parent was punished by a fine of five million won for driving under the influence of alcohol in 2016; (d) there was a history of having been punished by a fine of five million won for driving under the influence of alcohol in 200 and 206; and (e) each of the instant crimes was committed during the period of a repeated offense after having been sentenced to a punishment for an injury to his family members and branch members;