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(영문) 제주지방법원 2019.10.16 2019고단1437
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

[criminal power] On February 26, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeju District Court, and on November 30, 2018, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court.

【Criminal Facts】

On April 25, 2019, at around 06:20, the Defendant driven a motor vehicle in Eco under the influence of alcohol concentration of about 0.050% without obtaining a driver's license in a section of about 300 meters from the Jeju-si B apartment road to the front of the “D” restaurant in the same city C.

Therefore, even though the defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of detection of any offender of the Road Traffic Act, report on the state of his/her opening and statement, report on the state of his/her driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) concerning criminal facts; Articles 148-2 (1) 1 and 44 (1) of the same Act; Articles 152 subparagraph 1 and 43 of the former Road Traffic Act concerning criminal facts;

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 the fact that the defendant recognized his mistake and reflects the fact that the defendant's mistake, the fact that the principal is not much weighted, the fact that there are three times before and after the same kind of fine, the defendant's age, character and conduct, environment, means and result of the crime, and all the other factors of sentencing as shown in the records and arguments of the case, including the circumstances after

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