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(영문) 제주지방법원 2014.02.19 2014고단33
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 17, 2013, the Defendant, without obtaining a driver's license at around 03:58 on October 17, 2013, started on the road near the Hysung apartment apartment commercial building located in Leedo-dong, and driven C car volume as Non-license in the state of under the influence of alcohol 0.103% of blood alcohol concentration at the front of the sobry soup, soup.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (2) 2, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant had been punished for drinking or driving without a license prior to the occurrence of the instant case, and it has not been long long, considering the defendant's reason for sentencing unfavorable to the defendant.

However, it is decided as per the disposition by taking into account the following: there is no criminal history that the defendant has been sentenced to more severe punishment than fine, the fact that the defendant is in depth against the defendant, and the distance of driving is not clear.

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