logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.05 2020고단1148
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 8, 2008, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

On November 15, 2019, the Defendant again driven a DSS5 vehicle under the influence of alcohol with approximately 0.154% alcohol concentration from the section of about 1km to the front road located in C in the area of the same city-owned line B, from the road near the administrative town road located in the Dong-dong, Suwon-si, Suwon-si, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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, even though the Defendant had been punished four times by a fine due to a drunk driving, he/she also driven in the instant case at the same time. In light of the amount of drinking alcohol at the time and the details of the report, etc., the risk of occurrence of an accident was not

In this context, considering the purpose of the amendment of the statutory punishment increased, the quality of the defendant's crime is less than that of the amendment.

subsection (b) of this section.

However, considering the fact that the defendant is led to confession and reflect, and that there is no criminal record yet exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, blood alcohol concentration, and circumstances after the crime.

arrow