beta
(영문) 서울북부지방법원 2017.11.02 2017고단3534

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 6, 2017, at around 15:39, the Defendant driven a bicycle with “B” motor device without a motor driver’s license, under the influence of alcohol content of approximately 2 km from the 2km section of alcohol content to the front road of the Jung-gu, Seoul Central District, Jung-gu, Seoul, to a 290 gold-ro cream apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving without a license, a written inquiry about driver's license, and the results of regulating drinking;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act is that the defendant committed another crime of this case even though he had been subject to punishment one time due to drinking driving or non-licensed driving in the past, considering unfavorable circumstances such as the fact that the defendant committed the crime of this case at the time of the crime of this case, the amount of alcohol concentration is very high at the time of the crime of this case, and the defendant reflects the fact of the crime of this case, the defendant has no record of punishment exceeding the past fine, and there is a family member to support the defendant.