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(영문) 서울서부지방법원 2012.12.21 2012고합112
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

On November 25, 2011, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On December 21, 201, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【2012 Gohap112】

1. On March 3, 2012, at around 22:21, the Defendant driven a C Sti-type vehicle under the influence of alcohol concentration of 0.081% without obtaining a driver’s license from the front side of the Gangnam-gu Seoul Metropolitan Government Doro-dong to approximately 16km-dong, Eunpyeong-gu, Seoul, to the 19-53 ahead route.

【2012 Gohap453】

2. On May 10, 2012, around 23:53, the Defendant driven a C Sti-type car under the influence of alcohol content 0.097% of alcohol content without obtaining a driver’s license from the front side of a restaurant near the Gangnam-gu Seoul Metropolitan Government Department Store from around 3km to around 656-gil, Gangnam-gu, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the control of drinking driving (2012 high-class 112), the results of the control of drinking driving (2012 high-class 453);

1. The circumstantial statement of the employee;

1. Registers of driver's licenses, driver's licenses and driver's licenses;

1. Previous convictions in judgment: Inquiry into criminal records, foreign crimes and investigation records records, and application of Acts and subordinate statutes reporting prior to and after their respective dispositions;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation), and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

1. Selection of each alternative fine for punishment;

1. From among concurrent crimes, the violation of the Road Traffic Act as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the penalty provided for in the Road Traffic Act as provided for in paragraph (2) of the said Article with heavier penalty shall be

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