(영문) 대전지방법원 홍성지원 2020.07.22 2020고단433

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) 대전지방법원 홍성지원 2020.07.22 2020고단433

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 27, 2006, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

At around 15:10 on May 8, 2020, the Defendant driven a motor vehicle of approximately 500 meters from the front side of the dwelling of the Defendant in the Chungcheong Budget-gun B to the intersection, while under the influence of alcohol of 0.092% of blood alcohol level, at approximately 50 meters from the front side of the dwelling of the Defendant in the Chungcheong Budget-gun B to the intersection.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

However, in full view of the following factors: (a) the defendant has recognized his mistake; (b) the defendant has no record of criminal punishment heavier than the fine; and (c) the circumstances of the crime of this case; (b) the degree of drinking alcohol; (c) the recovery and frequency of punishment due to drinking driving; and (d) the age, character and conduct of the defendant, etc.

참조조문

유사 판례

-대전지방법원 홍성지원 2020.05.18 2020고단114

-대전지방법원홍성지원 2020.10.28 2020고단705

-대전지방법원홍성지원 2020.11.25 2020고단829

-대전지방법원홍성지원 2020.08.12 2020고단414

-대전지방법원 홍성지원 2020.04.29 2019고단934