logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.11.22 2019고단2683
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

[criminal power] On May 3, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 7, 2019, at around 01:05, the Defendant driven a F C-W-man car in the state of alcohol alcohol concentration of about 0.078% at a section of about 100 meters from the front of the “C” restaurant located in Kimhae-si B to the front of the E-W-C convenience store located in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the drinking driving control and circumstantial statements;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (the confirmation of criminal records of the suspect in the past);

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. 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentence shall be determined as ordered in full view of all the sentencing conditions, including the circumstances following the sentencing of the instant crime, the Defendant’s age, character and conduct, the blood alcohol concentration of the instant case (0.078%) and the circumstances after the crime.

An unfavorable circumstance: A normal situation in which the defendant has been punished once for the same crime: The defendant is led to confession and reflect, and there is no record of punishment exceeding the fine.

arrow