logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.05.14 2020고단48
도로교통법위반(음주운전)등
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

1. On August 27, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violating the Road Traffic Act.

On December 22, 2019, at around 21:05, the Defendant driven approximately 500 meters away from the 500-meter section to the “D” road located in Gwangju Mine-gu B apartment to the “D” road, while under the influence of alcohol by 0.093% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the foregoing 49c U.S. Non-registered O.C., which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance); Selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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, who was punished as a drunk driving, was driving under the influence of alcohol again, and since he was driving under the vehicle without mandatory insurance, the possibility of criticism and social risks are high.

However, it cannot be said that the drinking water in this case is higher than other cases.

arrow