beta
(영문) 제주지방법원 2017.12.22 2017고단2127

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

[criminal records] On June 28, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of six months by obstructing the performance of official duties at the Jeju District Court, and the judgment became final and conclusive on July 6, 2017.

[2] On July 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on July 23, 2017, driven a Korean-style motor vehicle under the influence of alcohol content of about 0.182% in a section of approximately 1km from the 1km to the pool road in the Hanpo-gu, Hanpo-gu, Hanpo-gu, Hanpo-gu, Hanpo-gu, Hanpo-gu, Hanpo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was sentenced to a stay of execution of imprisonment as stated in its holding and the judgment became final and conclusive, and thus, the crime of this case is heavy in that he committed each of the crimes.

At the time of the instant case, alcohol concentration is very high, and the Defendant has been punished as a crime of violating road traffic law.

However, the previous conviction is a crime of different types, and the defendant has been punished for the same crime shall be punished once a fine is imposed in 2010, taking into account the fact that the defendant has been punished for the same crime, the age of the defendant, family relationship, etc., and the punishment shall be determined as ordered.