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(영문) 제주지방법원 2018.05.21 2017고단2696

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 September 18, 2017, the Defendant driven at least 30cc of Cone Star car with approximately 0.240% alcohol while under the influence of alcohol without obtaining a driver's license on the front road B in Seocho-si, Seoposi, 2017.

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

1. Article 148-2 (2) 1 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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all of the conditions for sentencing specified in the instant argument. In particular, the following circumstances shall be taken into account: (a) reflects: (b) details of drinking alcohol; (c) details of driving alcohol; and (d) the distance of driving the vehicle is shorter than 30cc: (a) details of the instant blood alcohol concentration are high; (d) the Defendant was issued with a summary order of KRW 5 million with the Jeju District Court around 2017 due to a crime of violating the Road Traffic Act (divated Driving) at the Jeju District Court; (e) the instant alcohol and the pertinent driver’s license conflict with each other; and (e) there is no record of obtaining a