(영문) 서울중앙지방법원 2020.08.28 2020고단5400

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 2020.08.28 2020고단5400

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2018, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 4, 2020, the Defendant was under the influence of alcohol concentration of 0.067% on blood alcohol level on July 4, 2020, and was driving DMW car volume from around 300 meters from the front of the Seocho-gu Seoul building to the front road of Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Report on the occurrence of the case;

1. Criminal records as stated in the judgment: Criminal records, investigation reports (Attachment to the same attached records), and application of Acts and subordinate statutes concerning summary orders;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the Defendant’s repeated driving of alcohol. In the previous case, it appears that the Defendant had a serious accident due to a drunk driving again, and the situation under which the 112 Report was obstructed by the 112 Report does not lead to an accident that is disadvantageous to the Defendant. The amount of drinking water is extremely high, and the distance of driving is not much high, and the fact that there is no other criminal records except for a fine, such as a drunk driving, etc. recorded in the previous ruling, the Defendant’s age, character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered as favorable to the Defendant, and the sentence is determined as per the order, taking into account the various sentencing conditions indicated in the argument of the instant case, such as the Defendant’s age, character and behavior, motive and consequence of the crime, and the circumstances after the crime

참조조문

유사 판례

-서울중앙지방법원 2020.08.25 2020고단4947

-서울중앙지방법원 2020.07.21 2020고단4474

-서울중앙지방법원 2020.08.14 2020고단4750

-서울중앙지방법원 2020.09.25 2020고단5538

-서울중앙지방법원 2020.11.10 2020고단6976