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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
[2018 High Court Decision 200:34 April 15, 2017, the Defendant driven an Efranchising car without obtaining a driver’s license from a section of about 250 meters located near Seo-gu Daejeon, Seo-gu, Daejeon to Dgs or neighboring roads.
[2018 High Court Decision 807]
1. On October 4, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and driven the HPoter Ⅱ in front of “G” located in Seo-gu Daejeon, Seo-gu, Daejeon, without obtaining a driver’s license at a section of about 20 meters, and driving the Hpoter Ⅱ.
2. On October 5, 2017, the Defendant: (a) driven a Hpoter Ⅱ in the state of alcohol alcohol concentration of about 0.134% without obtaining a driver’s license on a section of about 600 meters from the Daejeon Seo-gu, Daejeon to the roads of “K” located in the Seo-gu, Seo-gu, Daejeon.
Summary of Evidence
[2018 High Court Decision 806]
1. Registers of driver's licenses;
1. A protocol concerning the examination of the suspect against the defendant (2018 high-level 807);
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, and a report on the state of drinking drivers;
1. Relevant provisions of subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting a crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Optional fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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;