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(영문) 제주지방법원 2017.11.10 2017고단1989
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 7, 2017, the Defendant driven DPoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.216% without a vehicle driver’s license from around 19:19, Seopo-si, Seopo-si, Dapo-si, C, to the front day of the Jeju-si Public Security Center, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of an alternative fine for punishment (in consideration of the fact that no record of criminal punishment exists in the Republic of Korea);

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined in consideration of the following circumstances.

The favorable circumstances: The circumstances after the crime, the defendant's age, the period of stay in the Republic of Korea, and occupation, are very high in alcohol level at the time of the crime in this case.

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