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(영문) 서울서부지방법원 2020.05.19 2020고정125
도로교통법위반등
Text

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

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

Reasons

Punishment of the crime

On October 5, 2019, at around 08:10, the Defendant driven an A9 electrical bicycle with an output of 0.39km level without a motorcycle driver's license while under the influence of alcohol level 0.193% in the front of Mapo-gu Seoul, Seoul at the front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and the circumstantial statement of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, in consideration of the circumstances unfavorable to the defendant, such as the fact that the defendant was under influence of alcohol and that the blood alcohol concentration was high, and that the defendant has no record of the same kind of crime, etc., the sentence is imposed as ordered, taking into account the circumstances favorable to the defendant, such as the defendant's age, environment, motive and background of the crime, and circumstances of the crime committed after the crime, etc., as well as various conditions of sentencing as shown

Public Prosecution Rejection Parts

1. On October 5, 2019, the Defendant: (a) driven an electric bicycle A9 at the Madro level around 08:10 on October 5, 2019; and (b) led the Mapo-gu Seoul Metropolitan City C intersection to the direction of the unity along D commercial street.

Since the place was a lot of cross-road vehicles, there was a duty of care to confirm whether there is a vehicle driving on the road to enter, and to safely drive the vehicle.

Nevertheless, the defendant drives the above road bypassing it as it is, leading the above road to the upper direction of the water zone.

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