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(영문) 광주지방법원 2014.12.17 2014고단4273
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 26, 2014, the defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Gwangju District Court, and the judgment became final and conclusive at that time.

On October 23, 2014, the Defendant, without obtaining a driver’s license on a motor vehicle on October 23, 2014, driven the BM5 motor vehicle between approximately 8 km and about 8 km from the front of the 620th Sejong Seo-gu Special Metropolitan City, Seo-gu, Gwangju Special Metropolitan City, to the roads for drinking 4-dong salt singing in the space singinging.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and D;

1. A statement on initial operation at the scene of a traffic accident, a survey report on actual condition, a drug map at the scene of an accident, and the register of driver's licenses;

1. Accident site and vehicle photograph;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning criminal facts. Article 152 (Selection of Fine)

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

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

1. Pursuant to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the positive factors that determine the sentence as ordered by taking into account the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character and conduct, career, environment, etc. as shown in the pleadings of the instant case: The Defendant committed the instant crime even after having been sentenced to a fine of KRW 1 million on October 22, 2010 due to a drunk driving on June 26, 2012, other than the previous conviction in the instant judgment:

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