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(영문) 제주지방법원 2017.06.28 2017고단457
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2] On November 6, 2012, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. on the extension of the Sugwon method, and on October 29, 2013, the Defendant had been sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act (drinking driving), and on December 15, 2016, the Defendant had been in violation of Article 44(1) of the Road Traffic Act at least twice. On December 15, 2016, the Defendant filed an appeal with the Jeju District Court for four months on April 28, 2017, on which the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act (drinking driving). However, the appeal was dismissed on April 28, 2017, and the said judgment became final and conclusive on May 8, 2017.

[2] On February 9, 2017, the Defendant driven B K-5 car under the influence of alcohol content of 0.082% while under the influence of alcohol without obtaining a driver’s license from around 300 meters in a section of around 300 meters from the front of a mutually influent restaurant located in the Jeju-si to the front of the 3rd Dong-si 3, 3809.

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 (no license is granted);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions in disposition and application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) are as follows: (a) a fine of KRW 2 million due to a driving without a license for drinking alcohol in 2012; (b) a fine of KRW 5 million due to a driving without a license for drinking alcohol in 2013; and (c) a fine of KRW 10 million due to a driving without a license for drinking alcohol in 2013; and (d) a fine of KRW 3 million due to a non-licenseless driving.

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