logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.11.25 2020고단1026
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On October 10, 2012, the defendant was issued a summary order of a fine of KRW 7 million at the 11st Army Military Court of the Army on October 10, 2012 for a violation of the Road Traffic Act.

At around 23:46 September 6, 2020, the Defendant driven an E-high-est car with approximately 517 meters alcohol concentration 0.239% under the influence of alcohol at the section of approximately 517 meters from C to D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report and the circumstantial statement of the driving of a drinking water;

1. On-site photographs;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, including criminal records;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order causes a traffic accident where the vehicle was parked in the vehicle where the two vehicles meet the two vehicles, even though the defendant had a record of criminal punishment once due to a drunk driving, and the criminal defendant's blood alcohol concentration is very high.

However, considering the fact that the defendant shows a misunderstanding and again makes it difficult to drive under drinking again, and the fact that the defendant has no specific criminal power except for the previous convictions sentenced to a fine of approximately eight years prior to the judgment that was punished as a fine, etc.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.

arrow