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(영문) 제주지방법원 2019.01.14 2018고단1149
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On April 17:12, 2018, the Defendant driven D truck under the influence of alcohol concentration of 0.169% without obtaining a driving license from Jeju-si to Jeju-si roads.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of the statutes governing the actual condition of traffic accidents;

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 (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 for the sentencing of this case include all the various conditions of sentencing specified in the instant argument. In particular, the following circumstances are considered: (a) reflects the favorable circumstances; (b) the age of 77 years old; (c) health is not good; (d) the sale of a vehicle; and (e) the family members complain of the vessel: (e) the selling of the vehicle; (b) the person’s appeal against the vessel: (c) re-offending even if having been punished several times by drinking or driving without a license; and (d) the Defendant, on December 5, 2017, sentenced two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Jeju District Court on December 13, 2017; and (e) committed the instant crime on December 13, 2017, even during the grace period, even if the said judgment became final and conclusive, continuously driving the vehicle without a license after the revocation of the driver’s license in 2013.

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