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(영문) 제주지방법원 2014.07.17 2014고정157
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 8, 2013, at around 02:00, the Defendant driven a non-registered 150cc car owned by the Defendant at a section of approximately 100 meters from the Jeju-si road, which is the Defendant’s residence, under the influence of alcohol content of 0.151%, without obtaining a Class II driver’s license for a small-sized car on October 8, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The circumstantial report on the driver, the report on detection of the driver, data on the Internet, the register of driver's licenses, and the application of photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment is determined as per the order in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crime is committed, the 150cc is committed, the 50cc c is the crime driving a Oralba, the 5rd is the person with a delay disorder, the person has no record of criminal punishment other than the power sentenced to a fine four times by 2006: A person driving a vehicle without a license or drinking; the blood alcohol concentration is very high; the person has a record of having been sentenced to a fine of 300,000 won due to a crime of violation of the Road Traffic Act in 205: The defendant's age, occupation and family relationship, etc.

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