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(영문) 청주지방법원 충주지원 2020.01.17 2019고단681

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Justice] On September 5, 2019, the Defendant, while under the influence of alcohol 0.128% of blood alcohol concentration, was issued a summary order of KRW 7 million on November 29, 2019 as a fine for violation of the Road Traffic Act (driving) in the Cheongju District Court.

【Criminal Facts】

1. On November 2, 2019, at around 06:00, the Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, driving his/her car from around 6 km to the parking lot of the employment and welfare display center in Chungcheong-si, Culture-dong, Chungcheongnam-si, and driving the same car at about 8 km from the parking lot of the employment and welfare display center in Chungcheong-si to the central tower in Chungcheongnam-si, and around 17:04 on the same day, from around 17:04, the Defendant driven the same car from around 8 km to the parking lot of the Central tower in Chungcheong-si.

2. Around November 17, 2019, the Defendant driven the said car under the influence of alcohol content of 0.167% in a section of about 8km from the parking lot of the Employment Welfare Puler Center in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the central tower parking lot located in the Pulri-si, Chungcheong City, to the central tower parking lot located in the Pulri-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Criminal power: To apply Acts and subordinate statutes of the fine not being disposed of, the report on the results of confirmation and the summary order;

1. Relevant provisions of subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting a crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

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