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(영문) 수원지방법원 여주지원 2020.02.18 2020고정24
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of 3.5 million won.

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 30, 2019, at around 20:02, the Defendant driven, without the driver’s license, approximately 50 meters from the front road of his house to the front road of the same military group C, under the influence of alcohol level of 0.110% (measurable water) of blood alcohol level of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The above judgment is rendered by comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, such as drinking water and driving distance, family and support relationship, Defendant’s age, character and conduct, environment, etc., where the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized and reflected.

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