logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.15 2019고단7048
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On August 28, 2018, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch on August 28, 2018.

At around 00:20 on October 11, 2019, the Defendant driven a motor vehicle with an e-mail without a driver’s license, while under the influence of alcohol concentration of approximately 0.126% at a 300-meter section from the front of the department store in Suwon-si to the front of the D cafeteria located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, reply reports, investigation reports (criminal records confirmation reports), and 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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have the record of driving under the influence of alcohol, and the Defendant, whose driver’s license was revoked on June 18, 2018 due to driving under the influence of alcohol, without any permission or driving under the influence of alcohol, and the quality of the crime is not less readily and less than that of the blood alcohol concentration due to drinking of this case.

Since the Defendant was punished for driving under the influence of alcohol in August 2018, the possibility of criticism is not significant in that he/she re-driving the instant non-exclusive license or driving under the influence of alcohol in approximately one year and two months.

However, there are various kinds of conditions for sentencing as shown in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., which are contrary to the defendant's recognition of the crime of this case, the defendant has no other criminal records other than the above one-time fine prior to the above one-time fine.

arrow