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(영문) 인천지방법원 2014.09.29 2014고정1829
도로교통법위반(무면허운전)등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 3, 2008, the Defendant was sentenced to a suspended sentence of three years on December 11, 2008 by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on December 3, 2008.

[2014 high-level 1829] On August 14, 2003, the Defendant, even though he was prohibited from driving a motor vehicle under the disposition of driver’s license suspension (from July 17, 2003 to October 24, 2003) from the commissioner of a district police agency, he was driving a motor vehicle from the street before and after the Defendant’s house located in Seoul, to the above place.

[2014 high-speed 1834] On July 25, 2003, the Defendant driven a volume of 100 meters from the upper corner of the entrance of the relevant water sub-park to the above detection place at approximately 0.054% of blood alcohol content during the suspension period of driver’s license (from July 17, 2003 to October 24, 2003) in front of the Seoul Southern-gu Incheon Metropolitan City Slock 534-7 low-speed car in D’s name.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of fact-finding inquiry statement (in case of violation score manufacturing);

1. Previous convictions: Inquiry into criminal and investigation records, inquiry into cases, and application of statutes governing judgment;

1. Subparagraph 1 of Article 109 and Article 40 (1) of the former Road Traffic Act (amended by Act No. 7120 of Jan. 29, 2004; hereinafter the same shall apply) concerning the facts of the crime (the point of driving without obtaining a license) of the corresponding Act, and subparagraph 1 of Article 107-2 and Article 41 (1) of the former Road Traffic Act (the point of driving by drinking) concerning the facts of the crime;

1. Articles 40 and 50 of the Criminal Act (trade between the crimes of unlicensed driving and the crimes of drunk driving on July 25, 2003) of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 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;

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