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(영문) 제주지방법원 2016.08.25 2016고단991

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 9, 2015, the Defendant driven a Korean-style car with approximately 5 km section from the front of a mar restaurant to the front of a marn-dong in the same city-type, without obtaining a driver’s license, while under the influence of 0.193% of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a primary driver (A and the result of blood collection);

1. Report on the circumstances of driving without a license, and inquiry into the results of regulating drinking driving (A);

1. Requests for appraisal of alcohol concentration, requests for appraisal, investigation reports (the results of appraisal of alcohol concentration in blood);

1. Application of the ledger of driver's licenses (A or cancellation of statutes);

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. Although the Defendant had been punished by a fine due to the crime of drinking once, the Defendant had already been punished for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant committed the instant crime with drinking without a driver’s license revoked on September 7, 2014, and committed the instant crime without a driver’s license. In light of the Defendant’s blood alcohol concentration at the time of the instant case, the Defendant should be strictly punished.

However, in light of the fact that the defendant confessions all of the crimes of this case, there is no record of criminal punishment exceeding the fine prior to the crimes of this case, the two sentences in similar cases, the age, sex, environment, circumstances after the crimes, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.