logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2020.05.12 2020고단139
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

【Criminal Facts】

On December 7, 2010, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Changwon District Court's Jinju branch.

【Criminal Facts】

On December 29, 2019, at around 19:25, the Defendant driven B-be under the influence of alcohol leveling 0.037% from a 1km section from the front of a mutually influorous restaurant in Jinju-si to the bottom of the Jinju-dong in the same city-dong.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order recognize the defendant's mistake, the defendant has no record of punishment exceeding the fine, the defendant had the same criminal record, but the defendant committed the instant crime after a considerable period of time has elapsed. The defendant's blood alcohol concentration, driving distance, the defendant's condition at the time of driving, and all other factors of sentencing as shown in the records and arguments of the instant case shall be determined by taking into account the following factors:

arrow