logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.10.10 2018고단2726
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 28, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on September 12, 2012, the Defendant received a summary order of KRW 4,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court on September 12, 2012.

On June 6, 2018, around 09:58, the Defendant driven a D S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

As a result, the defendant has already been punished for driving under drinking more than twice, but he once again driven under drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and the previous and the Acts and subordinate statutes bound with the summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant repeats the driving of drinking in spite of his/her past record of being fined two times due to the driving of drinking, so there is a high possibility of criticism.

However, the defendant did not have a high level of alcohol concentration during blood while drinking the preceding day and serving in an abstinence.

There is no record of punishment for drinking driving after 2012.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other conditions of sentencing as shown in the arguments of this case shall be determined as the disposition.

arrow