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(영문) 서울남부지방법원 2014.01.13 2013고정3676
도로교통법위반(무면허운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 16, 2013, at around 23:48, the Defendant: (a) while the driver’s license was suspended (the suspension period: from July 11, 2013 to October 18, 2013); (b) while under the influence of alcohol with a blood alcohol content of 0.085%, the Defendant driven B carpop vehicles at approximately 500 meters from the roads near the Guro-dong Digital Station in Seoul to the roads front of 150-13, Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of the driving of a motor vehicle;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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