logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 밀양지원 2020.01.07 2019고단470
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 21, 2016, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Smuggling support on July 21, 2016, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the same court on December 20, 2016.

On September 26, 2019, at around 00:01, the Defendant driven a B SP car while under the influence of alcohol concentration of about 0.155% at approximately five meters on the roads next to the foregoing Insurance Corporation, prior to the National Health Insurance Corporation's mobile health insurance Corporation (hereinafter referred to as the "Insurance Corporation").

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Under the current Road Traffic Act amended for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment for the crime of drunk driving was strengthened, and the defendant committed the crime in this case without being able to have been punished twice as the same crime in an atmosphere where social awareness of the crime of drunk driving was high, and the defendant committed the crime in this case without being able to have been punished twice as the same crime; the defendant's blood alcohol concentration among the crimes in this case is relatively high; and the traffic accident among the crimes in this case was committed against the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the circumstances to be considered for the defendant, such as the fact that the defendant is against the mistake, the material damage caused by traffic accidents seems to have been dealt with by insurance, and the fact that there is no heavy penalty power exceeding the fine imposed on the defendant, and other factors such as the age, character and behavior, environment, motive and circumstances of the crime, circumstances after the crime, etc.

arrow