logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.02.06 2019고단6562
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daegu District Court’s Ansan Branch on January 31, 2018.

【Criminal Facts】

On September 20, 2019, the Defendant driven a F-burged vehicle under the influence of alcohol level of 0.186% under the influence of alcohol level of 0.186% without obtaining a driver’s license from approximately 100 meters in a section of approximately 100 meters from the front of a restaurant to the front of the D apartment E-dong in the same temporary border.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, repeated statements, and Acts and subordinate statutes confirming the violation of the prohibition of drinking driving;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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, even though the Defendant was punished by a fine for drunk driving in 2018, re-guilty without a license in a short term. The blood alcohol concentration level at the time was considerably high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not good.

However, considering the fact that the defendant confessions the defendant and repents his mistake, the fact that there is no criminal record other than the above previous one, and other records and arguments are shown in the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime.

arrow