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(영문) 서울남부지방법원 2018.04.12 2018고정93

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who drives a bicycle in US125 motor device.

On September 11, 2017, the Defendant, without obtaining a motor motor bicycle driver's license, driven the motor device bicycle in approximately 2 km section from the roads where it is difficult to know the seat of 0.086% of alcohol in blood, and from the roads where it is impossible to identify the seat of Yangcheon-gu Seoul Metropolitan Government, Guro-gu to the front road of about 209-5 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Application of Acts and subordinate statutes to the next inquiry or license ledger;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of a selective fine for punishment (the engine bicycle, the alcohol content of the defendant's blood is not high, and the defendant's attitude of reflectiveness is shown in the circumstances favorable to the defendant, long, but the fact that the defendant has been involved in the same kind of criminal records is old, and the amount of fine shall be determined by taking into account the circumstances unfavorable to the defendant, as well as all other circumstances that form the basis for sentencing specified in records and arguments;

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;