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(영문) 청주지방법원 영동지원 2018.01.25 2017고정34

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

"2017 High 34"

1. On April 3, 2017, the Defendant driven a B-to-land car without obtaining a driver’s license from around 22:00 on April 3, 2017 to around 20-1, from the 29to the roads located in the center of the new Youngdong-dong, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do to the roads located in 20-1 via the center of the same Eup.

2. On April 25, 2017, the Defendant: (a) driven a motor vehicle without obtaining a driver’s license in a section of about 1km from the 1km road located in the Si/Eup/Myeon/Dong-dong, Chungcheongbuk-gun, Chungcheongnam-do around April 25, 2017 to the roads located in the 15-ro of the Eup/Myeon in the center of the Eup/Myeon in the same Eup/Myeon.

around 08:42 on September 27, 2017, the Defendant driven a Cobserver-ri vehicle under the influence of alcohol concentration of about 0.07% in blood without obtaining a driver’s license at approximately 200 meters from the front day of the Young-dong at the 66-dong Sin-dong, Chungcheongnam-gu, Chungcheongnam-do to the front day of the 86-ri-dong-dong-dong in the calculation of the same Eup.

Summary of Evidence

"2017 High 34"

1. Statement by the defendant in court;

1. "Register of driver's licenses": 2017 Highest 162;

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol);

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person without a license) on September 27, 2017, and punishment provided for in the crimes of violation of the Road Traffic Act (a person without a license) with heavier punishment).

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

6. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 3341 of the Criminal Procedure Act) of the instant case.