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(영문) 춘천지방법원 강릉지원 2014.11.28 2014고단398
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On May 10, 2014, without obtaining a motorcycle driver's license, the Defendant driven the above motorcycle at the distance of approximately 2 kilometers from the upper corner of the " wooden innick Zone" located in the Gangseo-si in the Gangseo-si Office to the intersection of the "Yingcheon Oil Station" located in the Gangseo-si Office, Gangseo-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, etc. (a) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle);

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

1. Selection of an alternative fine (to be taken into account the following reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, while drinking, driving without a license during the period of repeated crime, and the nature of the crime is not less than that of the defendant. However, the defendant's mistake recognized and against his mistake, the defendant's punishment after 2006 is limited to the criminal records as stated in the judgment, and the defendant's age, character and conduct, family relationship, the circumstances leading to the instant crime, and the progress thereof, etc. are considered as the condition for sentencing, and the punishment is determined as per the disposition.

It is so decided as per Disposition for the above reasons.

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