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(영문) 제주지방법원 2016.06.17 2016고단623
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 04. 19:00 on 19:0 on 19:10 on 19:10 on 19:10 on the same day, the Defendant driven a B Spo-type vehicle under the influence of alcohol content of 0.198% on the blood, without obtaining a driver’s license, from around 700 meters at the section of about 1:0 on 19:10 on 19:10 on the same day to the upper intersection of the mother in the Sinpo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

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:

The favorable circumstances: The circumstances that are considered to be facts of the crime and considered to be all more favorable: The fact that there is a single record of being punished by a fine on August 30, 2012, and that the blood alcohol concentration is very high: It is decided as per Disposition on the grounds that the motive and circumstances of the crime, circumstances after the crime, the defendant's occupation, age, and family relationship are higher.

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