logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.22 2019고단9074
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 9, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Busan District Court's Branch Branch of Incheon District Court on January 9, 2008, and the said summary order became final and conclusive on the 25th of the same month, and on January 31, 2013, the Incheon District Court issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Incheon District Court's Branch of the same year.

2. 16. A person who has violated Article 44(1) of the Road Traffic Act not less than twice, such as a final and conclusive summary order.

On December 13, 2019, around 13:05, the Defendant driven a car with low alcohol in the state of alcohol alcohol of about 2km from around 13:05 to around 338 at the center of the same Gun, from around 3:38, the Defendant driven a car with low alcohol while under the influence of alcohol of 0.041%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (to select a fine in consideration of the following facts: (a) the person has been subject to punishment twice for a crime of the same kind; (b) the person has been subject to punishment twice for a crime of the same kind; (c) the person has been prior to seven years;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation ( considered repeated circumstances);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow