logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.19 2020고단1370
도로교통법위반(음주운전)
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

On June 28, 2017, the Defendant received a summary order of a fine of KRW 3 million from the Incheon District Court as a crime of violation of the Road Traffic Act.

On January 19, 2020, the Defendant driven a C low-speed car with a blood alcohol concentration of about 0.222% while under the influence of alcohol at the 1km section from the road located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front road of the Incheon Bupyeong-gu B apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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. Articles 53 and 55 (1) 3 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he had a history of punishment once due to drinking driving, re-driving a motor vehicle.

However, it shall be considered as favorable factors such as the fact that there is one time of punishment for the same kind of crime, the fact that there is no other criminal records, and the fact that the disposal of the vehicle and the disposal of the vehicle are not driving again, and the degree of other drinking, the age, character and conduct, environment, etc. of the defendant and the various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case shall be determined as per the order.

arrow