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(영문) 광주지방법원 2017.01.24 2016고단5049
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On October 28, 2016, at around 03:44, the Defendant driven a 5km-free car from the front side of the Dong-dong apartment in the Seo-gu Pungamdong, Gwangju, to the front side of the Pung Young bus platform located in the new Dong-dong of Gwangju Mine, without a driver's license, with a alcohol level of 0.089%.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. In full view of the records of punishment of the accused for the like crime for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act (in this case, the accused is punished twice by driving without a license prior to this day, on one occasion by drinking), driving distance, alcohol concentration in blood, and all other sentencing conditions shown in the arguments in this case, including the accused’s age, sex, behavior, environment, health conditions, the background of the crime, and circumstances after the crime, etc., the punishment as set forth in the order shall be determined as ordered.

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