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(영문) 대전지방법원 천안지원 2016.11.17 2016고정535
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

C Corland is a person driving a passenger car.

On May 10, 2016, at around 01:15, the Defendant driven the said vehicle at a section of approximately 700 meters from the Sung-gu, Seo-gu, Seocheon-gu to the front day of the same limit apartment without a driver’s license, while under the influence of alcohol by 0.13% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of an employment report and an employment report on the status of the employee, respectively;

1. Application of each Act and subordinate statute entered in the ledger of drinking meters and the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The sentencing period of Article 334(1) of the Criminal Procedure Act exceeds 0.13% of the Defendant’s blood alcohol content on the ground of sentencing under Article 334(1) of the Criminal Procedure Act; on the other hand, the term of validity expires; the distance of the Defendant’s driving was relatively short; the Defendant’s driving has no criminal power in Korea; the Defendant’s recognition of all of the crimes; and the Defendant’s age, character and conduct, and environment, etc.; and the sentence is determined as ordered by taking into account the various sentencing conditions

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