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(영문) 서울남부지방법원 2013.05.22 2013고단1116
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 01:50 on April 2, 2013, the Defendant, without obtaining a driver’s license, was driving a B rocketing car parked at the 4rd apartment parking lot located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Gangseo-gu, and entered into the Olympic Games, and was driving the said vehicle to the Olympic Winter in the vicinity of a water purification plant located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. At the above point, the Defendant was asked to comply with a drinking test on the grounds that the vehicle suspected as a drinking driving was parked on the Olympic Winter-gu, the Defendant rejected it on three occasions, even though he was required to comply with a drinking test on the ground that the vehicle was parked on the Olympic Winter-gu, Yeongdeungpo-gu, Seoul.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and did not comply with a police officer's request for alcohol measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Governor, a report on the situation of a driver, an explanatory note, and a copy of driver's license;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43, 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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