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(영문) 창원지방법원 2014.01.14 2013고단2430

도로교통법위반(음주운전)등

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1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On April 10, 2013, the Defendant, without obtaining a driver’s license on April 22, 2013, driven CDast Motor Vehicle within a 1 kilometer of approximately 1 kilometer from the roads near the cafeteria referred to as “Seoul Talopty” cafeteria located in the Kimhae-si, Kimhae-si without obtaining a driver’s license on April 10, 2013 to the roads adjacent to the aftermast Motor Vehicle located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes on the register of driver's licenses;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the defendant who has been punished several times due to driving without a license for drinking alcohol for the reason of sentencing under Article 334(1) shall not be subject to the punishment for the crime of this case during the period of repeated offense.

However, it should be taken into account that there is a family member to be supported, and that there is a family member to be supported, taking into account all circumstances, such as the character, conduct and environment of the defendant, and choose a fine and determine a punishment only once, and the same crime is repeated in the future, and the fact that there is no longer preference if the same crime is repeated.