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(영문) 제주지방법원 2018.03.15 2017고단2210

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 19, 2008, the Defendant was sentenced to three months of imprisonment for a violation of road traffic laws at the Jeju District Court, and on August 30, 2013, the same court was sentenced to two years of suspension of execution for the same crime, etc. on October 10, 2013. On July 24, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic laws (unlicensed driving) and completed the execution of the sentence at Jeju Correctional Institution on November 13, 2015.

On August 6, 2017, the Defendant driven a motor bicycle with alcohol content of 0.160% at around 16:40%, without obtaining a motor device bicycle driver’s license in the state of alcohol, from the front of the GS25 Young-dong in Jeju City to the front of the GS25 Young-dong in Jeju City to the front of the 6 km-si in Jeju City, the Defendant driven a non-registered 49cc Obane without any number plate that is not covered by mandatory insurance at approximately 3 km section from around 6 1st day of Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Notification of a person subject to violation of the Automobile Management Act (OOF);

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of an 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 order of provisional payment are all taken into account, but the following circumstances should be taken into account in particular: