logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.14 2020고단7350
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Power of crime] The Defendant is a person with the driving force of drinking more than once, in addition to the issuance of a summary order of a fine not exceeding 4 million won for a crime of violating the Road Traffic Act at the Chuncheon District Court on August 26, 2011.

[Criminal facts] On September 27, 2020, the Defendant driven the E K7 car owned by D at approximately 3 km from the front road of Suwon-si, Suwon-si, Suwon-si, Suwon-si, under the influence of alcohol level of 0.043% among blood transfusion around 07:20, and driving it on the front road of Suwon-si, Suwon-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, (A), investigation report (verification of such previous history), and application of a summary order; and

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant had been punished for driving under the influence of alcohol, the driving of the instant drinking, and considering the risk of driving under the influence of alcohol to many and unspecified persons, and the purport of the amendment of the amended Act of which statutory penalty is raised, the nature of the relevant crime is not weak.

However, considering the fact that the defendant confessions and reflects, there is no previous conviction exceeding a fine, and that the amount of alcohol concentration in blood is relatively low, the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc.

arrow