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(영문) 전주지방법원 남원지원 2020.02.04 2019고단289
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal power] On December 21, 2006, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju on December 21, 2006, ② a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the same court on May 14, 2010, respectively; ③ a summary order of KRW 2 million for a crime of violation of the Road Traffic Act was issued in the same court on October 30, 2018.

【Criminal Facts】

On October 26, 2019, at around 17:00, the Defendant driven the electric kickboard (SPEWAY IV, output 0.5kw) without a license, while under the influence of alcohol from approximately 2km to the front road of the “E” located in the Southern-si, Namwon-si, the Defendant driven the electric kickboard (SPEW YAY IV, output 0.5kw) at approximately 0.20 meters from the front road of the “E” located in the Southern-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Registers of driver's licenses;

1. On-site photographs and closure photographs related to kicks;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports ( repeated crimes and confirmation of the same records) and Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won; and

2. Determination of sentence: The following circumstances are taken into account: the Defendant’s age, environment, motive for the commission of the crime, and circumstances after the commission of the crime.

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