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(영문) 서울중앙지방법원 2012.12.06 2012고합1308
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 03:16 on August 28, 2012, the Defendant, “2012 Highest 1308”, without a driver’s license, driven a CHabby car in the section of about 20km of Gyeyang-gu Incheon, Jung-gu, Incheon, from a point of 24.7km (Seoul direction) of the New Airport Expressway to a point of 0.132% under the influence of alcohol in blood.

around 14:10 on June 26, 2012, the Defendant driven a car for Cratfa without obtaining a driver’s license in the section of about 20km from around 20km to Cratfa, which is located in the catfathy of the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, inquiry into the results of the regulation of drinking driving, circumstantial statements of drinking drivers;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act on August 28, 2012, and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 70 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 had been punished for driving under the influence of alcohol prior to the instant case and driving without obtaining a license, but the nature of each of the instant crimes is not less than that of the instant crimes. However, the Defendant’s mistake is divided into one another, and the Defendant’s punishment is determined as ordered by taking into account the Defendant’s age, character and conduct, environment, etc.

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