logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2019.06.04 2019고단127
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

On February 9, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s smuggling on February 9, 2010, and received a summary order of KRW 1.5 million for the same crime from the same support on June 29, 2010.

Although the Defendant violated the prohibition of drunk driving, as stated in criminal records, more than twice, on March 25, 2019, at around 13:45, the Defendant driven a motor vehicle in the E-W-in speed under the influence of alcohol with approximately 500 meters alcohol content 0.081% at a section of about 50 meters from the front of the D entrance to the front of the D entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, report on the situation of drinking drivers, and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act does not seem to have existed even though the Defendant had been punished twice for the same kind of crime, and the Defendant committed the instant crime. Although the Defendant was in a position to be an example of others as he/she is in office, he/she committed the instant crime, and even if he/she was in a position to be an example of others, the degree of criticism against the Defendant is more severe.

However, the Defendant’s mistake is divided, and the blood alcohol content of the Defendant was not high at the time of the instant crime, and the Defendant shows his intention to repent while transferring his own vehicle to another. The instant crime is committed in consideration of the circumstances favorable to the Defendant, such as the fact that it was low after a relatively considerable period from the previous criminal act, and other factors of sentencing, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered.

arrow