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Reasons
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(영문) 제주지방법원 2014.11.06 2013고단1461
도로교통법위반(무면허운전)등
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A defendant shall be punished by imprisonment for not more than ten months.

One motor vehicle seized (No. 1) shall be confiscated.

Reasons

Punishment of the crime

(1) The defendant was issued a summary order of KRW 7 million on December 13, 1993; ② on January 20, 1996, a fine of KRW 2 million has been issued; ③ on April 11, 1998, a fine of KRW 7 million has been issued for a violation of the Road Traffic Act; ④ on December 1, 1998, a suspension of the execution of a fine of KRW 3 million has been imposed for a violation of the Road Traffic Act; ⑤ on February 28, 2004, a summary order of KRW 3 million has been issued for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; ⑤ a fine of KRW 3 million has been sentenced for a violation of the Road Traffic Act on November 30, 200; and ③ a fine of KRW 16 million has been sentenced for a violation of the Road Traffic Act on April 30, 2005; and ④ a fine of KRW 16,300,000 won has been issued for a violation of the Road Traffic Act.

On August 9, 2013, the Defendant, without obtaining a driver's license on August 10, 2013, driven a DNA car owned by the Defendant from approximately 2 km to the front day of the house of the Defendant in Jeju City to the front day of 0.106% of the blood alcohol concentration in Jeju City without obtaining a driver's license on August 9, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, the ledger of driver's licenses, the circumstantial report on drinking drivers, and the protocol of seizure;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to the same kind of judgment, etc.);

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Confiscation: Order of sentencing under Article 48(1)1 of the Criminal Act is issued in consideration of all the following circumstances.

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