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(영문) 부산지방법원 2016.01.14 2015고정3724

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 14, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Traffic Act at the Busan District Court, and on November 25, 2014, the above court issued a summary order of KRW 4 million as a fine for the same crime.

On the other hand, on December 9, 2015, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for the same crime in the above court, and the judgment became final and conclusive on the 17th of the same month.

On February 1, 2015, the Defendant, without a driver’s license, driven a vehicle with B gallon in a section of about 500 meters from before the commercial influent restaurant located in the Yongsan-dong in the Changwon-gu, Changwon-si to the front day of the Busan Gangseo-gu, Seoul, while under the influence of 0.167% of alcohol during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of driving at drinking, inquiry of the results of crackdown on driving at drinking and notification of the results of crackdown on driving at drinking;

1. The driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a conet search output, and application of statutes on written judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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