logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.03.22 2013고단540
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 15, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on May 30, 2008, issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court.

On November 21, 2012, around 00:20 on November 21, 2012, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of 0.096% from around approximately 500 meters to around 656 miles-dong, Gangnam-gu, Seoul.

As a result, the defendant is driving a motor vehicle under the influence of alcohol even though he has been punished for the violation of the Road Traffic Act two times.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report attached to the previous records and summary order), and application of Acts and subordinate statutes of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

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

1. In light of the fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished twice due to drunk driving, and at the same time, he/she committed the crime of drinking alcohol in this case. However, although the nature of the crime is minor, the defendant's act of committing the crime is against his/her wrongness, the degree of blood alcohol concentration is not high, the defendant has no criminal record except for three times punishment by fine, and the punishment is determined as ordered in consideration of the defendant's age, character and behavior, environment, etc.

arrow