logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.02.17 2020고단7990
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 history] On August 30, 2012, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court.

[2] On August 30, 2020, around 00:50 on August 30, 2020, the Defendant: (a) from the front road located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon to the roads in front of the heart distance of the Gu Seo-gu Jeju Jeju Island, 000 meters away from approximately 0.117% alcohol concentration in blood and driven a vehicle under the influence of alcohol.

As a result, the defendant had already been punished for driving under drinking, but again he was driving under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The Defendant, even though he was punished for driving under drinking two times, was driving again under the influence of drinking.

It is the high alcohol concentration among the measured blood.

The favorable circumstances: The records of the same crime are eight years prior to the 8 year period.

arrow