(영문) 수원지방법원 안산지원 2021.03.31 2020고정1075

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2021.03.31 2020고정1075

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On July 25, 2020, the Defendant driven around 03:18, the 0.136% alcohol concentration in the blood alcohol level, and the Defendant driven a 500-meter line, an individual moving device, from the section of the Dong-gu, Ansan-si, the front to the front to the front road, the members C of Ansan-si, the front road, and the front road, with approximately 500 meters alcohol leveled by the electric kick, which is an individual moving device ( model name N Q-01 Plus 8AS, the rated output of 0.50 kilowatts).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and application of the relevant Acts and subordinate statutes;

1. Article 156 of the relevant Act and Articles 156 subparagraph 11 and 44 (1) of the Road Traffic Act, the selection of fines concerning criminal facts, and the selection of fines;

1. The reason for the enhancement of Article 70(1) and Article 69(2) of the Criminal Procedure Act for the detention in the workhouse is that the Defendant drinking alcohol while driving the electric kick, and the Defendant’s blood alcohol concentration was high at the time of committing the crime, etc. disadvantageous to the Defendant.

However, the Act was amended by Act No. 17371 on June 9, 2020 to punish the driver under the same punishment as the driver under the same punishment as the driver under the influence of alcohol, because there is no previous separate regulation on the driver under the influence of alcohol, which is an individual moving device, and the defendant was tried after December 10, 2020, which was enforced by the above revised Act. Accordingly, the prosecutor's application for changes in the indictment is based on the revised Act.

In addition, the defendant is the first offender, and the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case, the punishment as ordered shall be determined.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-서울중앙지방법원 2020.12.15 2020고단6613

-서울행정법원 2021.02.17 2020구단76992

-수원지방법원 2021.04.21 2020구단9207 (1)

-인천지방법원 2021.5.28. 선고 2021고정48 판결

-수원지방법원 안산지원 2019.05.31 2019고단289