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(영문) 서울중앙지방법원 2016.04.27 2016고정480

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives B 125c megajet bicycle.

1. On December 13, 2015, the Defendant: (a) operated the motor bicycle under the influence of alcohol by 0.135% at the 12km section of Jongno-gu Seoul, Jongno-gu, Seoul to the front road of treatment building 69 meters, from the 12km section of Jongno-gu, Jongno-gu, Seoul.

2. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven a bicycle with the motor device at the same time and at the same place without a bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and the circumstantial statement;

1. Application of the Acts and subordinate statutes to driver's license and next inquiry;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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;