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(영문) 서울중앙지방법원 2020.09.23 2020고단5279
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 20, 2018, the Defendant was issued a summary order of KRW 3,000,000 as a crime of violation of the Road Traffic Act by this court.

【Criminal Facts】

1. 도로교통법위반(음주운전) 피고인은 2020. 6. 21. 04:10경 혈중알코올농도 0.197%의 술의 취한 상태로 서울 관악구 B 소재 ‘C‘ 인근 도로부터 같은 구 D 앞 도로까지 약 3km 구간에서 주식회사 E 소유의 씽씽 전동킥보드(300w)를 운전하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed driving) without a motorcycle driver’s license at the time and place specified in paragraph (1) of the same Article.

Summary of Evidence

1. Statement by the defendant on the legal statement of the F traffic accident;

1. A traffic accident report;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. The ledger of driver's licenses;

1. On-site powders, electric kickboards list;

1. Photographs of the suspect, electric kickboards and photographs of records;

1. A public CCTV CD;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, etc. inquiry;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Grounds for sentencing under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. (the scope of punishment).

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