logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2020.01.06 2019고단1010
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

(Criminal Facts) On March 25, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the violation of the Road Traffic Act (driving).

(Criminal Power) On October 12, 2019, the Defendant driven Cmaz car while under the influence of alcohol with approximately 0.159% of alcohol alcohol concentration at approximately 300 meters from the roads in front of Gyeonggi Pyeong-gun B around 08:08.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on the circumstances of drinking drivers;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.

However, the distance of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

arrow