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(영문) 제주지방법원 2020.08.21 2020고단1201
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2012, the Defendant was issued a summary order of KRW 5 million by the Jeju District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 5, 2020, the Defendant driven a two-wheeled vehicle with the blood alcohol concentration of 0.119% under the influence of alcohol without obtaining a Class 2 driver's license from around the commercial site where it is impossible to know the trade name B at Seopopo City around May 16, 2020 to the front road of the same city.

As a result, the Defendant, without obtaining a driver's license, has violated the duty of prohibition of driving at the same time under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, a report on the status of a drinking driver, a report on the investigation into the status of a drinking driver, a notification on the results of the control of drinking and driving, a register of driver

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind before a suspect);

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

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the defendant has a criminal record of a drunk driving fine as stated in the judgment of the court; and (c) other criminal records and one-time criminal record of a unlicensed driving fine; (d) the degree of drinking is not weak; and (e) other factors for sentencing specified in the records and arguments, such as the defendant's age, character and conduct, environment, means and consequence of the crime

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