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(영문) 서울남부지방법원 2013.05.23 2013고정924

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant, at the Seoul Southern District Court on March 27, 2008, issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act. On August 2, 2010, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act. On December 21, 2011, the Defendant was sentenced to a suspended sentence of KRW 4 months for a crime of violating the Road Traffic Act.

2. Around 14:30 on February 19, 2012, the Defendant, without a driver’s license, driven a C-string vehicle at the 1km section from the front of the Defendant’s house located in Guro-gu Seoul Metropolitan Government to the road 545-5, Guro-gu, Guro-gu, Seoul, while under the influence of alcohol content of 0.210%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a host driver, report on detection of a host driver, and investigation report (demark);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., pre-disposition records, reporting on results of confirmation, and investigation reports (a copy of summary order attached);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.