logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.02 2019고단7621
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 26, 2017, the Defendant was issued a summary order of a fine of three million won by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 8, 2019, at around 03:45, the Defendant, without a driver’s license, driven CK5 car from an influent area to B at a 0.118 percent alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. The General of Driver's Licenses (A);

1. Previous convictions indicated in the judgment: Criminal history records, repeated statements (A), investigation reports (Attachment of the previous record and summary order), - Application of one copy of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine due to a drunk driving in 2017, and the driver’s license was revoked on February 7, 2017.

Nevertheless, there is a need to impose severe punishment in that he/she was engaged in driving under the influence of alcohol in another state without a license, and since June 25, 2019, the penal provision for drunk driving has been strengthened, and the defendant was also engaged in driving under the influence of alcohol in the media, etc., even though he/she could easily have access to such circumstances.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment in excess of a fine, and that there is no record of punishment, and other various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, and environment of the defendant, the punishment as ordered shall

arrow