(영문) 서울중앙지방법원 2021.02.05 2020고단8942

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) 서울중앙지방법원 2021.02.05 2020고단8942

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 14 million won.

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

Reasons

Punishment of the crime

[Power of crime] On December 11, 2009, the Defendant was issued a summary order of KRW 2.5 million by the Eastern District Court of Seoul as a crime of violating the Road Traffic Act (drinking).

[2] On November 19, 2020, at around 18:39, the Defendant driven a DNA car under the influence of alcohol content of about 3 km from a section of about 0.114% of alcohol content in blood, from the front day of the sugar house located in Seocho-gu Seoul Metropolitan Government to the front day of the early entrance road of the same C hotel underground roadway.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement report concerning the situation of the driver who is placed in the State, investigation report (report on the situation of the driver who is placed in the State), arrest report and field photograph;

1. Records of crime: References to inquiries, such as criminal history, reports on investigation (the same kind of force), and application of the text of the judgment;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. The grounds for sentencing under Articles 70(1) and 68(2) of the Criminal Procedure Act, which are the Defendant’s repeated driving of drinking (the third person of driving of drinking in this case) under Article 334(1) of the Criminal Procedure Act, are as follows: (a) the amount of drinking in this case is significant; (b) the circumstances regulated by the 112 declaration or the situation where the words and behavior at the time of measurement are deemed to have been poor; (c) the previous driving force of drinking in this case was not followed by any unfavorable circumstances or accidents; (d) the previous driving force of this case was prior to at least 10 years; and (e) there was no record of being sentenced to a fine heavier than the fine; and (e) the Defendant’s age, sex, environment, motive, means, means and result of the crime, etc. shall be considered favorable to the Defendant; and (e) the sentence shall be determined as per the order, taking into account various sentencing conditions indicated in the arguments

참조조문

-형법 제68조 제2항

-형법 제70조 제1항

유사 판례

-서울중앙지방법원 2021.01.15 2020고단8781

-서울중앙지방법원 2021.02.16 2021고단289

-서울중앙지방법원 2021.02.16 2020고단9135

-서울중앙지방법원 2021.02.16 2021고단237

-서울중앙지방법원 2021.01.12 2020고단8340