logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.05.28 2019고단5025
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 9, 2007, the defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On October 24, 2019, at around 07:10, the Defendant driven a Cromatic car from approximately 40km to the point of 21.6km of the B apartment in the front of Gwangju Northern-gu to the point of 21.6km of the B apartment in the Naju-si from the front of the B apartment in the Gu of Gwangju-gu to the Naju-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished for a drunk driving, but he/she again drives a drunk driving, and causes a physical accident, and thus, the possibility of criticism and social risks are high.

However, a fine shall be imposed on a defendant in consideration of the following: (a) there is time interval between the Defendant’s drinking end and the driving time; (b) there is no higher interval between the Defendant’s drinking alcohol level compared to other cases; (c) the Defendant’s previous conviction and the date of the instant crime; and (d) the Defendant’s previous conviction are not committed when he/she serves as a public official; and (c) the Defendant’s voluntary completion of special traffic

(A) The Defendant scrapped the instant vehicle after the instant crime. However, since the instant accident occurred during the instant crime, it does not take into account the factors favorable to the sentencing. The amount of the fine is likely to constitute the above factors of sentencing.

arrow