logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2020.02.19 2019고단3999
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 28, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

On November 11, 2019, around 04:58, the Defendant driven CNS car at a section of about 100 meters from the front of the Ocheon-si mail concentration station to the front of the Seocheon-si B., with a blood alcohol concentration of about 0.039% under the influence of alcohol.

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. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by taking into account the following circumstances:

A disadvantageous condition: A favorable condition such as the fact that a person drives a drinking alcohol again despite his/her history of driving alcohol: The low weight of blood alcohol level, the fact that the previous crime is highly distance between time and the previous crime, the short distance of driving under the influence of alcohol, and the fact that his/her mistake is divided and reflected.

arrow