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(영문) 광주지방법원 2021.01.22 2020고정1092
도로교통법위반(음주운전)
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

The defendant is the person who drives the electric kickboard.

On September 26, 2020, the Defendant driven the kickboard in the 2km section from the front of the funeral ceremony of C Hospital in Gwangju Mine-gu to the front of the same Gu, while under the influence of alcohol 0.186% among the blood transfusion around 21:50 on September 26, 2020, and the summary of the evidence.

1. Statement by the defendant in court;

1. Report on the circumstances of the driver in charge, notification on the result of the drinking driving control, and the application of the Acts and subordinate statutes governing the reproduction of kick-board motion pictures;

1. Relevant Article 148-2 (3) 2 of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the circumstances unfavorable to the defendant, such as the fact that the defendant had been punished for drinking in 2002, and that the defendant's blood alcohol concentration is considerably high.

However, the defendant recognized the crime and reflects the fact that there was no physical damage to others due to the crime of this case, the danger of the electric kick, compared to motor vehicles, etc. operated by the defendant is relatively low, and the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc.

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