logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.10.28 2020고단6147
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2018, the Defendant was issued a summary order of KRW 4 million at the Seoul Western District Court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

At around 00:10 on May 23, 2020, the Defendant driven a eMW X4 car from the front of the “C” restaurant located in Jung-gu Incheon Metropolitan City, Jung-gu, to the front of the D, Jung-gu, Incheon, with a blood alcohol concentration of about 0.13% under the influence of alcohol at approximately 380 meters.

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. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. The application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the suspect's same kind of power;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant had been punished for a drunk driving in recent years, but was driving again.

The blood alcohol concentration measured is high.

The favorable circumstances: No other force shall be used for any other crime.

In other words, it is not possible to drive under the influence of alcohol.

arrow