logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2021.01.12 2020고단3975
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On March 31, 2016, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) in the support for the development of the Suwon method.

[Criminal facts] On September 19, 2020, the Defendant driven a DNA-si car with approximately 150 meters alcohol concentration 0.081% in blood while under the influence of alcohol at around 23:57 on the front road of Seocheon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made under the circumstances of a driver who is placed in the police interrogation protocol, a report made under the conditions of a driver who is placed in the police interrogation, a notification made under the influence of alcohol driving, a notification made of the results of crackdown on the driving of alcohol, a driver's license register of a motor vehicle which is inquired of the results of crackdown on the driving of alcohol, an inquiry into the criminal history, an investigation report (verification of the same type of force), and

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking alcohol driving), and the choice of fines (the Defendant, even though he had been punished for driving under the influence of alcohol in 2016, committed the instant crime again, and thus, is likely to repeat the crime.

However, the Defendant confessions the instant crime and reflects the depth thereof; the Defendant’s blood alcohol concentration is not very high at the time of the instant crime; and the Defendant shall be punished by a fine again, taking into account the following facts: (a) the Defendant, as indicated in the record of the instant crime, has no criminal punishment otherwise than a fine once due to drinking driving; and (b) the

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

arrow