logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.13 2020고단3705
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was issued a summary order of KRW 3.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

Around 02:40 on April 21, 2020, the Defendant was under the influence of alcohol with 0.172% of blood alcohol concentration, and the Defendant driven a clater-low car from the section of approximately 2 km from Samsungdong, Gangnam-gu to the same front road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Place where the result of drinking alcohol measurement is recorded;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment of the same criminal suspect's previous records and summary orders), and application of Acts and subordinate statutes of the 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 2014, and even if he had the record of being punished for driving under drinking around 2014, he/she was driving under the instant case, and the blood alcohol concentration was very high, and the responsibility for the crime is not somewhat weak.

However, in full view of the following circumstances: (a) the defendant's mistake recognized by himself/herself; (b) the driving of this case does not lead to the occurrence of a traffic accident; and (c) the driving of this case does not repeat again after being provided medical treatment in relation to drinking problems; and (d) other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment shall

arrow