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(영문) 서울중앙지방법원 2013.11.15 2013고정5259

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 5, 2012, the Defendant, without a motorcycle driver's license on August 22, 2012, while under the influence of alcohol of 0.142%, driven BT100 Obama at the entrance of the Dobong-dong modern market in Gwanak-gu in Seoul Special Metropolitan City to the front road of 912-18, Seocheon-dong, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the circumstantial statement report of a host driver;

1. Application of Acts and subordinate statutes to entries in the driver's license ledger;

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 2011);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;