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(영문) 제주지방법원 2015.04.10 2015고정76
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 14, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Jeju District Court on July 14, 2008, and on July 3, 2012, the Defendant violated the regulations on prohibition of driving under the influence of alcohol not less than twice by being issued a summary order of 4 million won by the same court as a fine for the same crime.

Nevertheless, on December 19, 2014, the Defendant, without obtaining a driver’s license on December 22 and 55, 2014, driven a spke passenger car at approximately one kilometer from the road near the bathing beach located in the Dong-dong in Jeju-si to the front road of the dlim childcare center located in the same city-do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into driver's licenses;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article of the Act on Criminal facts and the choice of punishment: Articles 148-2 (1) 1, 44 (1) (the point of a sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

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

1. Selection of punishment: Selection of a fine;

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

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The fact that all facts of crime are recognized and reflected, and the driving distance is not remote: The fact that there are two times the records of punishment for the same kind of crime: It is decided as ordered by the disposition due to the motive and circumstance of the crime, circumstances after the crime, the occupation of the defendant, and family relations or higher.

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