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(영문) 광주지방법원 2017.11.30 2017고단2603
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On May 18, 2012, the Defendant was issued a summary order of KRW 500,00,000 by the Seoul Eastern District Court as a fine for a violation of road traffic laws (dacting driving), and on March 27, 2017, the Gwangju District Court issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws (dacting driving), respectively.

[Criminal facts] The Defendant committed a crime from April 8, 2017 to the same year without a driver’s license of a motor vehicle around May 14, 2017

5. Until December 27, even though the driver's license was suspended, the driver's license was under the influence of alcohol level of 0.069% in blood, and the driver's license was driven by Cranx XG in about about 20km from the southwest-gu Seoul Metropolitan City to the front day of the lux-si mountain-ro.

On September 6, 2017, the Defendant, around 17:50 on September 6, 2017, driven Cchip XG motor vehicles without obtaining a driver’s license on the road near the “E cafeteria” located in Gyeong-gun, Gyeongbuk-gun.

Summary of Evidence

"2017 Highest 2603"

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

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

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Inquiry into administrative dispositions at the main office;

1. The point of judgment: A written reply to inquiry, such as criminal history, "2017 Highest 4892";

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing the grounds for exclusion;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced by the Gwangju District Court on June 2, 2016 to nine months for fraud. The Gwangju District Court’s imprisonment on November 28, 2016.

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