logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.06.16 2016고정178
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 7, 2016, the Defendant driven a 49c-free bicycle without the mandatory insurance without obtaining a motor device license from approximately 200 meters section of alcohol level 0.142% while under the influence of alcohol level 0.142%, from the front of the Defendant’s residence in Jeju Island B to the front of the same Eup Hando 653-1 along the same Eup Hando ro.

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 regulating driving of drinking alcohol, reporting on the situation of driving of drinking alcohol and reporting on the situation of driving without a license;

1. Investigation report (verification as to whether to purchase mandatory insurance);

1. A driver's license ledger and a mandatory insurance certificate;

1. Application of statutes on site photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, sex, environment, background leading up to the instant crime, means and result, circumstances after the instant crime, and other various sentencing conditions as shown in the pleadings of the instant case, shall be taken into account. In particular, the following circumstances should be taken into account: (a) the Defendant was sentenced to a fine on one occasion due to drinking or non-licensed driving, even though he did not have obtained a driver’s license, including a motor device bicycle driver’s license; and (b) the Defendant was also sentenced to a fine on one occasion due to driving

arrow