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(영문) 제주지방법원 2019.03.28 2018고단1621

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On July 2, 2018, at around 22:50, the Defendant driven a motor vehicle from the front of the C cafeteria located in Seopopo City B to the front of the D Office in the same city without obtaining a driver's license in approximately 1km section, and while under the influence of alcohol 0.065%, the Defendant was under the influence of alcohol 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the status of driving under driving under the influence of alcohol, reports on the status of driving under the influence of alcohol, investigation reports, notification on the results of the control of driving under the influence of alcohol, inquiry into the results of the control

1. Relevant provisions of Article 148-2 (2) 3, 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the crime of this case was driven under the influence of a driver without a license, and the crime is bad, and the defendant has a criminal record of a violation of the Road Traffic Act.

However, it is advantageous to the fact that the defendant recognized the facts charged and is against the defendant, and the degree of the defendant's exploitation is very high.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set