logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.01.08 2019고단4853
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 15, 2019, the Defendant was issued a summary order of KRW 2 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

At around 06:40 on September 8, 2019, the Defendant driven D A6 car under the influence of alcohol content of 0.126% from the 50km section of approximately 50km to the front road of the Gyeonggi-gu Gam-ri bus bus stops in the Cheonggu-gu, Gyeonggi-gu, Seoul, to the Cheongmyeong-gu, Cheongpon-gu, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. An accident site photograph;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

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;

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 has the record of being punished for drinking driving even on August 14, 2019.

Nevertheless, as it does not go up to one month, the driver was driving while driving in the state of 0.126% alcohol concentration in the blood alcohol level in the middle of the driver's license, and then, in the process of detection to the police, the driver's license was caused by the accident that sees the back of the patrol vehicle.

In particular, in 2018, the defendant was sentenced to imprisonment with prison labor for two years and six months in prison due to quasi-rape, etc. and continued to drive under the influence of drinking without being able to know even during the suspension period.

However, it shall be considered in favor of the fact that the defendant is recognized as committing the crime, that the defendant disposes of the vehicle by a mistake that does not drive under the influence of alcohol, that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, that there is a family member to support the defendant.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, and the defendant.

arrow