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(영문) 제주지방법원 2018.04.19 2017고단2334

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 8, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws at the Jeju District Court on June 8, 2016, and the judgment became final and conclusive on June 8, 2016, and is currently under suspended sentence, and has the same criminal records and three times including this.

On August 27, 2017, the Defendant, while under the influence of alcohol content of 0.075% during blood transfusion, driven a 2 km E rocketing car from the road front of the dwelling of the Defendant at Jeju without a driver’s license to the road front of the 618-2 naval transport resource at the same time.

As a result, the defendant has been driving a motor vehicle while under the influence of alcohol without a driver's license even though he has violated the prohibition of driving at least twice.

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 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 under Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all the various conditions for sentencing specified in the instant pleadings, and in particular, the following circumstances shall be taken into account: The favorable circumstances: the degree of reflection, the driving background of alcohol, and the degree of alcohol concentration in blood is not high: A state that each of the instant crimes was committed during the pertinent period even if the execution of imprisonment was postponed due to driving under drinking, etc., and the record of punishment for driving under drinking, including the previous conviction, reaches three times.