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(영문) 제주지방법원 2014.07.16 2014고단733

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 June 27, 2012, the Defendant sentenced the Jeju District Court to six months of suspended sentence for a crime of violation of the Road Traffic Act and six months of imprisonment for a violation of the Road Traffic Act at the Jeju District Court on February 21, 2013, and completed the execution of the sentence at the Jeju Correctional Institution on August 23, 2013. On June 3, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Jeju District Court on June 9, 2014.

At around 16:30 on May 2, 2014, the Defendant driven a 125cc occ obane while under the influence of alcohol without a driver’s license at approximately 1 kilometer from the front of the restaurant in the front of the same Eup/Myeon, which is not aware of the trade name in the Do of the Eup/Myeon, to the front of the Doro cafeteria in the same Eup/Myeon without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A driver's license inquiry;

1. Previous records: Application of criminal records, written judgments, personal identification and confinement status, and Acts and subordinate statutes to the text of the case agreement and auxiliary outputs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The above circumstances and the defendant are the same, such as the defendant's records of punishment for driving under the influence of alcohol on several occasions, records of high alcohol level in blood alcohol level: On June 9, 2014 and concurrent crimes under the latter part of Article 37 of the Criminal Act, and the concurrent judgment should be taken into account at the same time in relation to the previous conviction for driving under the influence of alcohol and the latter part of Article 37 of the Criminal Act.