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(영문) 제주지방법원 2016.05.25 2016고단541
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeju District Court on July 25, 2012. On May 30, 2013, the Defendant was sentenced to imprisonment with prison labor for one year for a crime of violating the Road Traffic Act.

【Criminal facts” around 14:16 on March 21, 2016, the Defendant, without a driver’s license, driven C Launa car at approximately 300 meters from the 300-meter section to the road near the “former Bank cafeteria” in Jeju City, which is 0.065% of alcohol level in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries about the results of crackdown on driving under drinking (the date of May 2, 2012; December 9, 2012; January 22, 2013; the date of expiration of the term of punishment; the date of completion of personal identification; the current status of personal identification; etc.); submission of inquiries, such as criminal history; investigation reports; and application of Acts and subordinate statutes (Attachment to a copy of the summary order);

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

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

1. Selection of an alternative fine for punishment;

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

1. The following circumstances are considered in light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Recognizing and reflecting the facts of the crime as ordered: (a) the degree of alcohol concentration in the blood at the time of the instant case is not higher than 0.065%; (b) no criminal punishment has been imposed for about two years before the instant crime was committed after the expiration of the parole period; (c) the degree of faithfully serving as the site warden of a construction company after release; and (d) the Defendant has a history of criminal punishment for the same crime several times; and in particular, the Defendant on May 30, 2013.

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