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(영문) 창원지방법원 2014.04.25 2013고단1165

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 8, 2013, at around 01:20, the Defendant, while under the influence of alcohol at 0.120%, driven a motorcycle owned by the Defendant without obtaining a motorcycle driver’s license on the roads in front of the “Sarogate” located in the Kimhae-si, Kimhae-si, and driven approximately 20 kilometers to the front of the “Yaro apartment” located in the same hot spring road via the “sarogate” road located in the same Gu’s hot spring route.

Summary of Evidence

1. Application of the Act No. 1 to 4 of the evidence list submitted by the prosecutor

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

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

1. Selection of a selective fine for punishment (the defendant has been sentenced to a fine twice due to an erroneous driving without permission, but there is no criminal record for a drunk driving and there is no record of criminal punishment heavier than a suspended sentence, and considering that he/she is a disabled person of Grade II with mental retardation disorder);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;