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(영문) 광주지방법원 2017.04.27 2017고정130
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a car in B SP area.

On November 23, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:00, driven the said motor vehicle at a section of approximately 100 meters from the front day of the Daegu Seo-gu, Seo-gu to the end of the blind-ro in the same Kuncheon-dong, while under the influence of alcohol content of 0.122% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of all the sentencing conditions indicated in the pleadings of the instant case, including the fact that there was one-time punishment due to driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the fact that the sentence is reflected, the degree of alcohol during blood, the degree of driving distance, and the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, etc., the punishment as set forth in the text shall be determined.

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