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(영문) 서울남부지방법원 2021.02.04 2020고정2064

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of three 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 E-CORE S8FS electrical scooters.

On October 20, 2020, the Defendant driven an electric scooter at approximately 500 meters from the front side of the road in Guro-gu, Seoul to D, while under the influence of alcohol of 0.140% with no driver's license for a bicycle for a motor device, without a driver's license for a bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the result of regulating drinking driving;

1. Notification of the results of regulating drinking driving;

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

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

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

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 subparag. 6 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decisions 53 and Article 55 subparag. 15 subparag. 6 of the Criminal Act (see, e., Supreme Court Decision 2009Da14448, Apr. 2, 2008) (see, e.g., Supreme Court Decision 2008

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;