logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2020.04.17 2020고정95
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

At around 00:40 on November 12, 2019, the Defendant driven DK7 vehicles under the influence of alcohol by 0.147% in the section of approximately 1 km from the front of the “C” in Goyang-gu, Goyang-si B to the same KON-ro 217-6.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Application of the sentencing criteria: The sentencing criteria shall not apply because of the choice of fines.

3. In light of the fact that the decision-making driving of the sentence is likely to cause a large amount of accident and that the blood alcohol concentration level is not lower than 0.147%, the Defendant’s liability for the crime is not easy.

However, considering the fact that the defendant stated that he/she is against the recognition of the facts charged, that he/she has no previous conviction and sentence, the defendant's age, character and conduct, health status, family relationship, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the arguments of this case, such as

arrow