(영문) 서울중앙지방법원 2017.02.08 2016고단9024

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.02.08 2016고단9024

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

On April 16, 2009, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act. On October 4, 2010, the Defendant received a summary order of KRW 3.5 million from the same court due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (free license).

On November 8, 2016, the Defendant driven D 9 car at approximately 1 km from the insular site near Gwanak-gu in Seoul Special Metropolitan City to the 213rd-ro, Gwanak-gu, Seoul Special Metropolitan City, while under the influence of 0.12% alcohol concentration among blood transfusion around 22:15.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions indicated in the judgment: Inquiry about criminal history and application of investigation reports (Attachment to the summary order of the same case) Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, in consideration of the fact that he/she had been subject to a fine twice due to drinking alcohol driving and that the possibility of another damage caused by repeated crimes cannot be ruled out, a strict sentence is necessary for the defendant.

However, it is difficult to judge the possibility of recidivism of the defendant only with the previous previous criminal records in light of the defendant's age, occupation, etc. that the defendant is seriously against himself/herself and does not repeat the crime, and that it is difficult to judge the possibility of recidivism of the defendant in light of the defendant's age, sex, environment, family relationship, etc., the last sentence of a fine shall be imposed on the defendant only once, taking into account all circumstances such as the defendant'

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

-서울중앙지방법원 2018.04.05 2018고단521

-서울중앙지방법원 2018.10.26 2018고단5119

-서울중앙지방법원 2018.01.25 2017고단8088

-서울중앙지방법원 2018.01.31 2017고단8242

-서울중앙지방법원 2017.12.07 2017고단7063