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(영문) 인천지방법원 부천지원 2013.04.12 2012고합384

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of 2.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch, and on February 9, 2007, in addition to being sentenced to a fine of KRW 2.5 million for the same crime, the previous department was more than twice, and on November 30, 2012, the Defendant was sentenced to imprisonment of KRW 8 months and a suspended sentence of two years for the same crime at the Seoul Southern District Court's Seoul Southern District Court's 8th and December 8, 2012.

On October 25, 2012, at around 22:13, the Defendant, without a driver’s license, driven a CDamp vehicle at approximately 150 meters away from the roads near the Hancheon-gu Seoul Metropolitan Commerce and Industry Department to the roads around 328-2 of the same Act while under the influence of alcohol of 0.083%.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of Article 148-2 (1) 1, 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;

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

1. Selection of an alternative fine for punishment;

1. Handling concurrent crimes: the latter part of Articles 37 and 39 (1) of the Criminal Act (trade between the crimes of violation of the Road Traffic Act of the head of the end of the judgment with which the said crime and the judgment have become final);

1. The latter part of Article 39 (1) of the mitigated Criminal Act following the treatment of concurrent crimes, and Article 55 (1) 3 of the Criminal Act [The principle of equity shall be taken into consideration in cases where a judgment is rendered at the same time with respect to a crime of violation of the Road Traffic Act at the end of the judgment with which the

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant had already been punished by a fine of KRW 2.5 million to KRW 5 million prior to the instant case.