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(영문) 수원지방법원 2021.01.14 2020고단7196
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 30, 2020, the Defendant, without obtaining a bicycle license for a motor device 05:20, driven the electric kickboard ( model name: K1, Moz output: 500W) at approximately 5km section from the Gangnam-gu, Seoul to the roads adjacent to Seocho-gu, Seoul, while under the influence of 0.20% alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge), and respiratory results;

1. Application of Acts and subordinate statutes concerning financial resources of electric kickboards on the driver's license ledger;

1. Article 148-2(3)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act concerning facts constituting an offense (unlicensed driving)

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The punishment as ordered is determined by comprehensively taking account of the following factors: (a) the person who renders a confession and reflects that the blood alcohol concentration was very high: (b) the first offender; (c) the person who was driving the electric kick and did not lead to an accident; and (d) the Defendant’s age, attitude, environment, background, means and consequence of the crime; and (c) the circumstances after the crime were committed, etc., and various sentencing conditions as shown in the arguments and records.

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