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(영문) 서울서부지방법원 2014.09.25 2014고단1783
도로교통법위반(무면허운전)등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 29, 2011, at around 23:26, the Defendant, without a vehicle driver’s license, driven a vehicle C by 3 kilometers up to 538 Dong-dong, Seongdong-dong, Eunpyeong-gu, Eunpyeong-gu, Seoul, with the main alcohol concentration of 0.163%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Article 148-2 Subparag. 1, Articles 44(1), 152 Subparag. 1, and 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that there are several times the records of punishment for driving under influence of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that there is no more than a fine among the records of such punishment, and the fact that the acquisition of a driver's license after the crime of this case on May 29, 201 seems to have been driving without an illegal act, and other various sentencing conditions as shown in the argument of this case are considered

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