(영문) 서울동부지방법원 2018.03.29 2018고단14

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.03.29 2018고단14

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On October 30, 2017, without a motor motor bicycle driver's license, the Defendant driven a bicycle with BGS125 motor device over the section of about 200 meters prior to the self-help distance of about 0.078 percent from the head of Gwangjin-gu Seoul Special Metropolitan City, while under the influence of alcohol content of 0.078% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;

1. Subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (unlicensed driving) and Article 148-2 subparagraph 3 of the Road Traffic Act (the point of drinking alcohol driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 of the Criminal Procedure Act: The punishment shall be determined as per the order, taking into consideration the following circumstances: (a) there is a need to strictly punish a person in light of the risk of driving alcohol; (b) the fact that the person once was sentenced to a fine of KRW 3.5 million due to driving alcohol on July 28, 2017; (c) the circumstances favorable to the fact that the person once again drives the pertinent drinking have not been long enough to have been sentenced to a fine of KRW 3.5 million due to driving under the influence of alcohol: (a) the fact that the person was not causing a traffic accident due to driving of the instant drinking; (d) the volume of drinking alcohol is not high; (e) the degree of drinking alcohol is low; (e) the danger of driving a bicycle

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