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(영문) 서울남부지방법원 2013.12.12 2013고정3559

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 6, 2013, at around 22:26, the Defendant, without a motorcycle license, driven a volume of approximately 500 meters from May 5, 201 to about 557, Guro-gu, Seoul, with a blood alcohol concentration of at least 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 154 subparagraph 2 of the relevant Article of the Road Traffic Act and Articles 43, 148-2 (2) 2 and 44 (1) of the same Act concerning the facts constituting the crime;

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

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

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;