logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.01.08 2019고단8111
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 31, 2016, the Defendant is a person who has driven a motor vehicle under the influence of alcohol by receiving a summary order of a fine of KRW 1.5 million from the Incheon District Court due to a violation of the Road Traffic Act.

On November 3, 2019, around 05:04, the Defendant driven DK 5 automobiles while under the influence of alcohol with approximately 2 km alcohol concentration of about 0.080% from the 2km section of approximately 2km to the front road in the Bupyeong-gu Incheon Bupyeong-gu.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Attachment of a summary order of the same kind of power) and application of the summary order attached thereto;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness and the previous records of driving under influence only one time before about three years prior to the previous records of driving under influence);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow