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(영문) 전주지방법원 2015.04.14 2015고정119

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 5, 2007, the Defendant received a summary order of 1.5 million won from the Jeonju District Court to a fine due to a violation of the Road Traffic Act (driving) and a summary order of 1.5 million won from the Jeonju District Court to a fine due to a violation of the Road Traffic Act (driving) on April 22, 2008.

On February 3, 2014, at around 10:30, the Defendant, without a driver’s license, driven a Cmotor bicycle not covered by mandatory insurance at a section of approximately 500 meters from the front day of the Jin-Jin-Jeng Station located on the front day of the Jin-Jeng Station, the front day of the Jin-Jeng Station located on the front side of the North Korean Dos, to the front day of the police box located on the same side without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

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

1. Selection of each 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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., articles 55 and 55 (1) 6 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;