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(영문) 서울북부지방법원 2015.07.07 2015고정1204
도로교통법위반(무면허운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant without obtaining a driver’s license,

1. On May 25, 2014, around 20:26, a person drives a B Eccoo vehicle while under the influence of alcohol at least 0.05% of blood alcohol concentration at a section of approximately 600 meters from the road front of the Gangnam-gu Seoul Metropolitan Government Drmoto Don Dok-ro 87-lane 46 (feeding-dong) (the blood alcohol concentration as a result of a measurement of alcohol at around 21:40 per day is 0.193%) from the road front of the same Dowing-ro 87-lane 46 (feeding-dong).

2. On May 26, 2014, around 00:37, a person driving a B-cub car in the state of alcohol of approximately 0.189% of blood alcohol concentration at a section of approximately 300 meters in front of the mine site located in the same Gu and located in the same Gu, from the roads near the Gangseo-gu Office located in Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and output of a drinking alcohol measurement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the investigation report (compact application);

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on May 25, 2014), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on May 26, 2014), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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;

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