logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.16 2019고단6421
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 September 8, 2006, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch.

On August 15, 2019, at around 22:44, the Defendant driven a DNA knife vehicle with approximately 500 meters alcohol level 0.048% under the influence of alcohol level, from the front of the dwelling site of Suwon-si B, to the road near the cel of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Place of record of drinking-free measuring instruments, report on the circumstances of drinking-free drivers, investigation report (report on the circumstances of drinking-free drivers), investigation report (applicable in the Bamark formula);

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) 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. Articles 53 and 55 (1) 6 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repeats the crime even though he had the record of criminal punishment due to drunk driving. However, the punishment is to be determined as ordered in consideration of the fact that the defendant led to confession and his mistake in depth, that is long, the blood alcohol concentration level at the time was relatively low and the driving distance was relatively short, contingent crimes, the fact that it is contingent crimes, and the prosecution's old sentence.

arrow