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(영문) 서울동부지방법원 2020.10.21 2020고정618
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Around May 15, 2020, the Defendant driven BW 110WH Meba while under the influence of alcohol without a license for a motorcycle at a distance of about 3 km from the road near the Songpa-gu Seoul Songpa-gu Stambaro 70-62, Gangnam-gu, Seoul, to the adjacent road, from the 3km-ro 17-62, the flow from the road near the Jambail Station to the Yanbuk-ro 17-62, Seoul, to the adjacent road.

2. No driver or pedestrian of any motor vehicle or horse, other than motor vehicles that violate the Road Traffic Act (limited to emergency motor vehicles for two-wheeled motor vehicles), shall cross or cross an expressway, etc.;

Nevertheless, the Defendant operated B MW10W Hatoba in the section of approximately 1.5km from the Jyang-dong, Gwangjin-gu, Seoul, the exclusive road for the temporary border as set forth in paragraph (1) to the Northwest of the same Gu Seocheon-dong, Seoyang-dong, Seoul, to the Northwest of the same Gu Seocheon-dong, YW10WH.

Summary of Evidence

1. Notification of the defendant's legal statement, the results of the drinking driving control, the inquiry into the circumstantial statement of a drinking driver, the investigation report on the state of a drinking driver (report on the state of a drinking driver), the application of Acts and subordinate statutes to field photographs of the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 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, and subparagraph 6 of Article 154 and Article 63 of the Road Traffic Act (a violation of the Road Traffic Act);

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is driving a motor vehicle on the motorway by driving the motor vehicle without the driver's license and the nature of the crime is not good.

However, there is no criminal record of the defendant.

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