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(영문) 부산지방법원 2018.02.07 2017고단4557
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around July 1, 2017 to September 28, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a DM7 car at a distance of about 3 km from July 29, 2017 to around 48 meters from the roads near Busan Samsung Apartment apartment, located in the 79-ro of Busan Jin-gu, Busan, on July 29, 2017.

2. Although the validity of a driver’s license was suspended from July 1, 2017 to September 28, 2017, the Defendant driven a D SM7 car under the influence of alcohol content of about 0.138% from the distance of about 500 meters to the 639th road as of July 30, 2017, in a document-ro of Busan Jin-gu, Busan 48:47, on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the statutes on suspension of driver's license;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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