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(영문) 서울북부지방법원 2020.11.06 2020고정1378
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 21, 2020, at around 02:45, the Defendant driven an electric kicker (on the road near the boundary of Nowon-gu in Seoul Special Metropolitan City, to the road front of the “Cgas filling station” located in Nowon-gu in Seoul Special Metropolitan City, the Defendant driven the electric kicker (Arop) while under the influence of alcohol concentration of about 300 meters, while under the influence of alcohol concentration of 0.138%.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's statutory statement, report on the circumstances of driving driving, driver's license inquiry, report on the circumstantial statements of a drinking driver, control manual, and the result of crackdown on drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognized and reflects the crime; (b) the danger of electric kickboards compared to the motor vehicles operated by the defendant is relatively low; and (c) the defendant has no criminal power; and (d) a part of the fine determined by the

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