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(영문) 제주지방법원 2017.06.23 2017고정37

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 7.5 million won.

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

Reasons

Punishment of the crime

Around 00:45 on April 3, 2016, the Defendant driven a Kaman Passenger Car in the D gas station in Seopo City C with a alcohol concentration of 0.170% during blood, from around 30 meters to the end of the gas station.

On July 20, 2016, the Defendant, “2017 High 108, the Defendant, without obtaining a driver’s license on around 07:30 on July 20, 2016, driven a F e-mail car from the front road of the repairpo-gu to the front road of the 7-lane 5 (Korea Forest Eup) Handong apartment in the same city, from the front road of the repairpo-gu.

around 14:05 on September 19, 2016, the Defendant driven a e-mail car in the FF amount without obtaining a driver's license from around 15 km to the front road of the e-mail in Jeju-ro from September 19, 2016 to the e-mail 54.

Summary of Evidence

"2017 High 37"

1. Statement by the defendant in court;

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

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

1. The protocol of the police statement related to G and the statement of H "2017 High Court Order 108";

1. Statement by the defendant in court;

1. "Motor vehicle driver's license register": 2017 High 250 square meters;

1. Statement by the defendant in court;

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

1. The provision of Article 148(2)2, Article 44(1) (the point of drinking alcohol), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and the selection of fines, respectively, under Articles 148(2)2, and 44(1) (the point of driving alcohol);

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 The fact that a driver’s license was revoked because he/she controlled the driving of alcohol concentration by drinking while blood was highly highly high in the grounds for sentencing under Article 334(1) of the Criminal Procedure Act (i.e., the revocation on June 20, 2016). However, the driver’s license was maintained by driving without a license for more than two months for which he/she did not reflect or refrain from among persons, and that he/she repeatedly conducted a non-license without a license for more than two months.