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(영문) 제주지방법원 2017.12.19 2017고단2732
도로교통법위반(음주운전)등
Text

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 July 18, 2014, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of the Road Traffic Act at the Jeju District Court, and was sentenced to a summary order of KRW 3 million for the same crime at the same court on the 31st of the same month. On September 12, 2016, the Defendant was sentenced to a suspended sentence of KRW 2.5 million for six months for a crime of the Road Traffic Act in the same court on September 12, 2016. The judgment on September 20, 2016 became final and conclusive.

On September 3, 2017, at around 00:20, the Defendant driven an Eystsch Rexroth under the influence of 0.221% alcohol concentration in blood without obtaining a vehicle driver’s license for about five meters in front of the D cafeteria located in Seopopo City C.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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. As before the judgment on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant had already been punished for three times or for drinking driving, and in particular, the Defendant is under the grace period for which the suspension of the execution of imprisonment was sentenced due to the crime of drinking driving, and the degree of alcohol concentration in the blood transfusion of this case is very high, and thus, the quality of the crime is very poor.

In addition, in light of the criminal records as seen above, the Defendant’s awareness of compliance with the basic law that the Defendant is not obliged to drive alcohol or drive without a license is weak.

However, there is a high possibility of criticism.

Therefore, in order to effectively exercise the effect of punishment as a sanction on the violation of the law that should be observed, the defendant should be strictly punished.

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