beta
(영문) 제주지방법원 2019.02.14 2018고단1399

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 9, 2010, the Defendant received a summary order of KRW 1,00,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving). On September 24, 2013, the Defendant received a summary order of KRW 5,00,000 as a fine in the same court.

On June 17, 2018, around 07:50, the Defendant driven DCA 1105 Obaba in a state of alcohol alcohol concentration of about 0.083% in the section of about 700 meters from the roads front of the Jeju City B market to the roads front of the same Si building parking lot.

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

The Defendant, around 14:25 on November 15, 2018, driven DCA 1105 Meba, without obtaining a driver’s license, from around 100 meters from the 14:25 Jeju-si road to the G sales outlet in the same city F from the G sales outlet in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of three copies of the inquiry report on criminal records, etc. and the summary order issued under the statutes;

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

1. Selection of imprisonment for a crime of violation of the Road Traffic Act or a fine for a crime of violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration to reflect the nature of the suspension of execution and driving under the influence of alcohol);

1. Probation and community service order and order to attend lectures. Article 62-2 of the Criminal Act. Article 62-2 (Consideration of Re-Operation without License, etc. under Control of Sound Driving);