logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.09.10 2019고단2374
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 21, 2019, at around 00:30, the Defendant was under the influence of alcohol with a 0.070% alcohol level, and the Defendant was under the influence of alcohol with a vehicle driver’s license suspended, from around 20 meters from the front side of Mapo-gu Seoul to the same Gu C Parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, the ledger of driver's licenses, the chassis, the mandatory insurance association, the inquiry into the results of the drinking control, and the application of statutes concerning the disposition of suspension of driver's licenses;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 3, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the occupation of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 [Incompeting circumstances] The defendant has been driving a motor vehicle without a license even though the driver's license was revoked due to the influence of drinking during the past five months, and there is no possibility of criticism.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

No additional damage has occurred.

The distance of the vehicle is about 20 meters short.

There are some circumstances that may be taken into account the circumstances of drinking driving.

Defendant has no record of criminal punishment, except for punishment by a fine.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

arrow