logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.17 2020고단4981
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2019, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court.

【Criminal Facts】

On June 23, 2020, at around 04:20, the Defendant driven a motor vehicle with Chand while under the influence of alcohol 0.113% with approximately 3 km section from the French Road in Gwanak-gu in Seoul Special Metropolitan City to the front road in the same Gu B.

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

Summary of Evidence

1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of one copy of a summary order;

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

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 order of provisional payment was that the Defendant had been punished for driving under drinking around 2019, and even if he had the record of being punished for driving under drinking around 2019, the Defendant was driving under drinking at this case, and the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.

However, considering the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving of this case, and other various circumstances that form the conditions for sentencing indicated in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as ordered shall be determined.

arrow