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(영문) 제주지방법원 2016.12.07 2016고단1793
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 11, 2016, at around 00:33, the Defendant driven B Poter truck under the influence of alcohol without a car driver’s license at approximately 10km section from the 10k section to the front road of the Seoul Chungcheong Station located in Jeju-ro 283, Jeju-si. The Defendant driven B Poter truck without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Report on the situation of driving without a license, and application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances favorable to the determination of punishment as ordered in consideration of the following circumstances in sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact of crime is recognized and reflected, and circumstances unfavorable to the fact that there is no record of criminal punishment in the Republic of Korea: The blood alcohol concentration at the time is very high to 0.279%: The defendant's age, character, conduct, environment, etc.

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