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(영문) 제주지방법원 2018.02.08 2017고단2110

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 August 9, 2017, the Defendant driven B Poter cargo without a driver’s license, while under the influence of alcohol content of about 0.134% in a section of about 10k alcohol content from around the south Eup/Myeon in Jeju to the street-type intersection located in 1100, 3114 in Jeju.

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 driving alcohol;

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

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. 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 argument, and in particular, the following circumstances shall be taken into account: The unfavorable circumstances: the higher alcohol content in the instant blood: the Defendant issued a summary order of KRW 700,000 by the same court on November 30, 2004 as a crime of violating Road Traffic Act (driving Driving) at Jeju District Court on May 20, 201, which issued a fine of KRW 300,000,000 as a crime of violating Traffic Act (licenseless Driving) at the same court on May 20, 201.