logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2020.03.25 2020고단105
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

(Criminal Power) On April 20, 201, the Defendant is a person who received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on April 20, 201.

(Criminal Facts) The Defendant is a person who is engaged in driving a vehicle B at a cost.

At around 04:10 on November 30, 2019, the Defendant driven the said car under the influence of alcohol level of approximately 1.9km from the front road of the “D” located in Sju City, to the front road of the “F” located in E in the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, reports on the state of the drinking driver, investigation reports on the state of the drinking driver, reports on the state of the drinking driver, reports on the state of the drinking driving, and reports on the results of the control of the drinking driving;

1. A detailed statement of 112 reported cases processing;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time of driving was very high.

However, the defendant's drinking driving power is not less than 8 years, and the distance of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

arrow