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(영문) 춘천지방법원 2021.02.15 2020고정225
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On June 17, 2020, at around 03:08, the Defendant driven an electric kick seat while under the influence of alcohol leveling 0.131%, without obtaining a motor device bicycle driver’s license from around 100 meters in front of the future plaza within the campus of the Gangwon National University, Gangwon National University.

Summary of Evidence

1. A criminal investigation report by the defendant in his/her legal statement (specific developments leading to the suspicion of drinking driving and the process of measuring respiratory level, etc.), and a criminal investigation report (CCTV);

1. Report on the circumstances of a driver who is placed in driving and the register of driver's licenses inquiry into the results of crackdown on drinking;

1. Application of statutes on field photographs;

1. Article 148-2 (3) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply) concerning criminal facts and Articles 154 subparagraph 2 and 43 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202);

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, suffered significant injuries by causing a traffic accident that he/she gets while driving alcohol without a driver’s license, and the Defendant’s blood alcohol concentration level was considerably high. The risk of the instant crime was low.

subsection (b) of this section.

However, according to the Revised Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020) which was enforced from December 10, 2020, when operating a motor bicycle at a speed of at least 25 km, the provision prohibiting driving without a drinking license is excluded if the motor is operated without operating the motor vehicle and the body weight of which is less than 30 km.

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