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(영문) 창원지방법원 통영지원 2019.11.29 2019고단970
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 150,000 won.

If the defendant fails to pay the above fine, 75.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1.5 million at the Ulsan District Court on June 10, 2013 by a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 5 million at the same court on June 21, 2017.

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act (driving without a license) and Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a eUH125c-wheeled vehicle without obtaining a motorcycle driver’s license on May 6, 2019 without obtaining a motorcycle driver’s license on a section of about 700 meters from the c latter part of B located in B to the D apartment in front of the D apartment.

On June 17, 2019, the Defendant driving a motor vehicle without obtaining a motorcycle driver's license on a section of about 500 meters from the front of the D apartment to the front of the F apartment on June 17, 2019 without obtaining a motorcycle driver's license on a section of about 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Report on the situation of operation without a license, and control photographs of unauthorized licenses; and

1. Previous records: Application of inquiry reports and investigation reports (Attachment of the same kind of power) and Acts and subordinate statutes, such as criminal records;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the crimes of violation of the Road Traffic Act as of May 6, 2019 and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment for a crime of violation of the Road Traffic Act or a fine for a crime of violation of the Road Traffic Act;

1. Aggravation of concurrent crimes under the former part of Article 37 and Article 38 (1) 3 of the Road Traffic Act [the crime of violation of the Road Traffic Act (the crime of drinking and driving)];

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