logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.10.14 2020고단3598
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2007, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (refluence of measurement) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On April 5, 2020, at around 22:45, the Defendant driven a D's car under the influence of alcohol level of about 0.160% in the section of approximately 200 meters from the road located in Gyeyang-gu Incheon Metropolitan City to the front road of the same Gu, from around 23:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The Defendant, even though he had a record of being punished for refusing to take a alcohol test, was driving again.

The degree of blood alcohol concentration measured is high, and the accident was also caused.

A favorable circumstance: The record of the crime is before 13 years, and the vehicle is disposed of, and the vehicle is not driven again.

arrow