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(영문) 서울서부지방법원 2017.05.18 2017고단184
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (unlicensed Driving) by the Defendant does not obtain a motor device bicycle driver's license.

A. A. On November 18, 2016, around 23:00, a bicycle riding in a section of approximately 1 km from the 33 neighboring Dos of Mapo-gu Seoul, Mapo-gu, Seoul to the 3rd roads adjacent to Seodaemun-gu, Seoul;

B. Around 03:00 on November 19, 2016, the Seoul Seodaemun-gu search: (a) operated B-Engine bicycle at approximately 1 km section from 3rd way to 247 front way in Mapo-gu Seoul Mapo-gu, Mapo-gu.

2. On November 19, 2016, the Defendant was under the influence of alcohol 0.144% in blood without obtaining a motor device bicycle driver’s license from November 19, 2016, the Defendant driven B motor bicycle at a section of about 30 meters in the direction of the Seoul Mapo-ro 247-ro cliba to 243-ro, Mapo-gu, Seoul, in the condition of being under the influence of alcohol 0.14% in alcohol in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drivers working at the main place and a statement of control details;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol) of the relevant Act on the Traffic of Roads, Article 154 subparagraph 2, and Article 43 (the point of driving a motor device or bicycle without a license) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a crime of violating the Road Traffic Act as stated in paragraph (2) and a crime of violating the Road Traffic Act as stated in the judgment, and the punishment for a crime of violating the Road Traffic Act as heavier than punishment);

1. Determination of each fine for a violation of the Road Traffic Act (non-licenseed driving) provided for in paragraph (1) of the judgment, shall be sentenced to imprisonment with prison labor for any selective crime of violation of the Road Traffic Act;

1. The crimes provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and 3, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are the crimes of imprisonment with prison labor for the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (unlicensed driving) with respect to each of the crimes of violating the Road Traffic Act.

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