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(영문) 제주지방법원 2018.01.18 2017고단1999
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On July 27, 2017, under the influence of alcohol level of 0.226% among blood transfusion around 21:10, the Defendant driven a CM525-V car without obtaining a driver’s license from the Do in front of the Defendant’s residence in Jeju City B from the Do in front of the Defendant’s residence, to the 66th day of the CM525-V car at the 40-meter road in Jeju City.

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. The driver's license ledger;

1. Application of Acts and subordinate statutes to a survey report and investigation report on actual damage;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment should be taken into account all the various conditions for sentencing specified in the instant argument, and in particular, the following circumstances should be taken into account: A favorable circumstance: (a) reflects: (b) the person who was punished for driving alcohol only once; (c) the person who was punished for driving alcohol was punished for a violation of the Traffic Act on the Road in 2017; (d) the person who committed a second offense despite having been punished for a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) around 2017; and (e) the occurrence of the collision of the parked vehicle.

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