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(영문) 서울동부지방법원 2019.07.26 2018고단3888

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

Criminal facts

1. On July 13, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, the Defendant driving of the D horse at approximately KRW 500 meters from the road front of Seongdong-gu Seoul, Seongdong-gu, Seoul to the front road of Seongdong-gu Seoul.

2. No person who violates the Road Traffic Act shall leave Articles on the road which might obstruct traffic without permission therefor;

Nevertheless, the Defendant, at the same time and time as the above Paragraph 1, operated the car on the front side of Seongdong-gu Seoul, Seongdong-gu Seoul, while under the influence of fluoral alcohol concentration, and was proceeding on the surface of the Ethal road with the chemical flow distance in the Ethal., due to the influence of alcohol, caused an accident of shocking the street on the right side of the other right side of the bus stop and cutting down the seat of the bus stop, left the road as it is, and left the site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Requests for cooperation in investigation, details of accidents and payment of insurance proceeds, and photographs of each accident site (Evidence Nos. 8, 14);

1. The register of driver's licenses and the register of automobiles;

1. Application of Acts and subordinate statutes to investigation reports, report on internal investigation and report on internal investigation;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152, Article 43, subparagraph 4 of the Road Traffic Act, Article 152, subparagraph 4 of the Road Traffic Act, and Article 68 (2) of the Road Traffic Act (the selection of fines, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [unfair circumstances] has left the site without leaving the vehicle driving on the road where the accident occurred while driving the vehicle by drinking alcohol without a license. In light of the circumstances of the crime and the details of the crime, the crime is liable.