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(영문) 수원지방법원 성남지원 2016.12.07 2016고단2442
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

around 09:00 on July 29, 2016, the Defendant driven a Fpoter motor vehicle at approximately 200 meters from the front side of the Yandong apartment located in the 54 Hanam-si, Hanam-si, Gyeonggi-do, to the front side of the Yannam-si, which is located in about 85, due to the extension of 739 Do-nam-si, Hanam-si.

The Defendant issued a summary order of KRW 2 million at the Daejeon District Court on December 9, 2011, as a crime of violation of the Road Traffic Act (driving) at the Seoul East District Court on February 27, 201, a summary order of KRW 4 million as a fine of violating the Road Traffic Act (driving) at the Daejeon District Court on February 27, 2014, and a summary order of KRW 5 million as a fine of KRW 1 million on March 17, 201, respectively, at the Daejeon District Court on March 17, 2014.

【Criminal Facts】

On July 15, 2016, the Defendant, without obtaining a driver’s license, driven a Fpool car from the front day of the Songpa-gu Seoul Metropolitan Do Haak-gu to the front day of the Haak-gu Office in Gyeonggi-do, under the influence of alcohol concentration of 0.139%, at around 21:46.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to inquiry into driving licenses and the control of drinking driving;

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

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

1. In the case of driving a elective license without obtaining a license, a fine shall be imposed and imprisonment shall be imposed;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to imprisonment and consideration, such as the fact that the punishment is against imprisonment);

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

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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