logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.07.02 2019고단1457
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 00:39, 2019, the Defendant, while under the influence of alcohol of 0.094%, driven the EMW car from around 3km to the fourth floor parking lot of the D apartment underground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Application of Acts and subordinate statutes to investigation reports (related to the application of the Tramark);

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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 order of provisional payment [Incompetence] The defendant driving a motor vehicle under the influence of alcohol while under the influence of alcohol even though he had been subject to criminal punishment twice due to drinking driving or refusal of drinking alcohol measurement in the past.

[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.

The level of exploitation is relatively high.

No additional damage has occurred.

The punishment power for the same crime is about nine years, and the defendant has no record of punishment.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

arrow