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(영문) 제주지방법원 2017.01.13 2016고단2615
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 October 27, 2016, the Defendant, while under the influence of alcohol 0.147% during blood transfusion, driven a vehicle with B low alcohol at the 1km section from the 1km road in front of the frequency of the event that the vehicle was under the influence of alcohol at 0.147%, and without obtaining a driver’s license.

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 driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, 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. Attraction of 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:

Normal circumstances that are advantageous: The circumstances that are disadvantageous to the fact that all facts constituting an offense are recognized and resolved after drinking: A fine of 4 million won on March 18, 2016 due to drinking driving; a fine of 1.5 million won on or around August 9, 2016 due to a non-licenseed driving; the amount of alcohol concentration in blood is considerably high; and other circumstances that are considerably high: It is so decided as per Disposition on the grounds that the motive and background of the offense, circumstances after the offense, the defendant's occupation, age, and family relationship are higher.

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