음주운전 약식기소 벌금사례 소개

음주운전 약식기소 벌금사례 소개 음주운전 약식기소 벌금사례 소개

안녕하세요. 법무법인 동주교통음주연구센터 대표변호사 이세환입니다. 음주운전 혐의가 적용됐을 때 ‘가장 안전하고 조용하게 분쟁을 끝낼 수 있는’ 선처 중 하나가 바로 벌금형입니다. 안녕하세요. 법무법인 동주교통음주연구센터 대표변호사 이세환입니다. 음주운전 혐의가 적용됐을 때 ‘가장 안전하고 조용하게 분쟁을 끝낼 수 있는’ 선처 중 하나가 바로 벌금형입니다.

특히 많은 분들이 검사의 판단에 따라 출석하지 않고 간단한 절차에 따라 벌금으로 끝내는 ‘음주운전 약식기소’를 선호합니다. 경미한 초범이라면? 약식기소로 처리될 가능성이 높습니다. 그러나 초범이라 하더라도 대물 및 대인 피해가 포함된 사고가 발생하거나 적발 당시 혈중알코올농도가 0.2% 이상이거나 사고 후 미조치(뺑소니) 혐의가 포함되거나 공무집행방해 등 여러 혐의가 적용되면 구공판이 될 수도 있습니다. 통상 2회 이상 적발된 재범은 구공판에서 이뤄지는 것이 원칙이지만 간혹 음주운전 약식기소가 되는 경우도 존재합니다. 특히 많은 분들이 검사의 판단에 따라 출석하지 않고 간단한 절차에 따라 벌금으로 끝내는 ‘음주운전 약식기소’를 선호합니다. 경미한 초범이라면? 약식기소로 처리될 가능성이 높습니다. 그러나 초범이라 하더라도 대물 및 대인 피해가 포함된 사고가 발생하거나 적발 당시 혈중알코올농도가 0.2% 이상이거나 사고 후 미조치(뺑소니) 혐의가 포함되거나 공무집행방해 등 여러 혐의가 적용되면 구공판이 될 수도 있습니다. 통상 2회 이상 적발된 재범은 구공판에서 이뤄지는 것이 원칙이지만 간혹 음주운전 약식기소가 되는 경우도 존재합니다.

아무리 불리한 상황이라도 유리한 사정을 찾아내 양형 이유를 주장할 수 있어야 합니다. “남들도 다 받을 수 있는 결과”를 받는 것을 실력이라고 할 수는 없잖아요. 오늘은 누가 봐도 불리한 상황이었음에도 불구하고 음주운전 벌금형 약식기소를 이끌어낸 실제 사례를 소개해 드리도록 하겠습니다. 아무리 불리한 상황이라도 유리한 사정을 찾아내 양형 이유를 주장할 수 있어야 합니다. “남들도 다 받을 수 있는 결과”를 받는 것을 실력이라고 할 수는 없잖아요. 오늘은 누가 봐도 불리한 상황이었음에도 불구하고 음주운전 벌금형 약식기소를 이끌어낸 실제 사례를 소개해 드리도록 하겠습니다.

사례 1. 음주운전 약식기소 벌금 600만원으로 마친 김씨 사례 2.2회 이상 적발되었으나 벌금형 약식기소를 받은 백씨 사례 1. 음주운전 약식기소 벌금 600만원으로 마친 김씨 사례 2.2회 이상 적발되었으나 벌금형 약식기소를 받은 백씨

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<My Case 1:1 Coaching> <My Case 1:1 Coaching>

[Application for drunk driving consultation] Lawyers 1:1 consolidation” I thought he would come. If you feel like you’re going through a dark tunnel, you’ll find your way to the exit where the light falls…blog.naver.com [Application for a drink-driving consultation] Lawyers 1:1 consolidation” I thought he would come. If you feel like going through a dark tunnel, you know the way to a lighted exit… blog.naver.com

 

 

Why do many people like it? Why do many people like it?

Summary prosecution refers to the prosecution’s request for a “summary order” from the court when it determines that the crime committed by the suspect corresponds to a fine rather than imprisonment or imprisonment. In practice, it’s called “old-contract style.” It’s heavier than suspension of prosecution, but it’s lighter than formal prosecution and detention. The district court will issue a summary order to “fine the accused” if found guilty after reviewing the indictment and case records delivered by the prosecutor. Usually, they are sentenced to a fine of less than 5 million won, but in the case of a violation of the Road Traffic Act (drunk driving), they may be sentenced to more than 10 million won depending on the drinking level. If caught, it can be seen that fighting for innocence or innocence is a procedure that can receive the most leniency in a drunk driving case. Summary prosecution refers to the prosecution’s request for a “summary order” from the court when it determines that the crime committed by the suspect corresponds to a fine rather than imprisonment or imprisonment. In practice, it’s called “old-contract style.” It’s heavier than suspension of prosecution, but it’s lighter than formal prosecution and detention. The district court will issue a summary order to “fine the accused” if found guilty after reviewing the indictment and case records delivered by the prosecutor. Usually, they are sentenced to a fine of less than 5 million won, but in the case of a violation of the Road Traffic Act (drunk driving), they may be sentenced to more than 10 million won depending on the drinking level. If caught, it can be seen that fighting for innocence or innocence is a procedure that can receive the most leniency in a drunk driving case.

 

Introduce two actual cases of fines. Introduce two actual cases of fines

As I mentioned in the introduction, I would like to introduce some of the examples I have done. Please understand that the details have been adapted to protect your personal information. As I mentioned in the introduction, I would like to introduce some of the examples I have done. Please understand that the details have been adapted to protect your personal information.

0.1% over second recidivism → 6 million won fine succeeded 0.1% over second recidivism → 6 million won fine succeeded

It is said that his client, Kim, called a proxy driver while in the car to go home after drinking. I fell asleep before I knew it When Kim woke up, he started driving and was caught by the police who were dispatched by a citizen’s report. At that time, Kim’s blood alcohol concentration exceeded 0.1%, and he had already been caught drunk driving in the past. Mr. Kim, who was worried about heavy punishment because he was a repeat offender, visited me from the beginning of the investigation stage. I explained that Kim slept with a proxy driver called, took the steering wheel shortly after waking up, and appealed for leniency by explaining that the distance of the vehicle was within 500m. He also emphasized the low risk of recidivism, including selling his car to never drink and drive again, along with evidence to prove how faithfully Kim has lived. Finally, the prosecution fined Kim 6 million won for summary indictment of drunk driving. In the case of Mr. Kim, if the charges were found, he was likely to be prosecuted and punished, but he was able to get good results as he continued to make claims that fit the sentencing reason early from the investigation stage. It is said that his client, Kim, called a proxy driver while in the car to go home after drinking. I fell asleep before I knew it When Kim woke up, he started driving and was caught by the police who were dispatched by a citizen’s report. At that time, Kim’s blood alcohol concentration exceeded 0.1%, and he had already been caught drunk driving in the past. Mr. Kim, who was worried about heavy punishment because he was a repeat offender, visited me from the beginning of the investigation stage. I explained that Kim slept with a proxy driver called, took the steering wheel shortly after waking up, and appealed for leniency by explaining that the distance of the vehicle was within 500m. He also emphasized the low risk of recidivism, including selling his car to never drink and drive again, along with evidence to prove how faithfully Kim has lived. Finally, the prosecution fined Kim 6 million won for summary indictment of drunk driving. In the case of Mr. Kim, if the charges were found, he was likely to be prosecuted and punished, but he was able to get good results as he continued to make claims that fit the sentencing reason early from the investigation stage.

Drinking figures 0.13% → summary fine successful Drinking figures 0.13% → summary fine successful

 

<There must be a good reason for many people’s choices> <There must be a good reason for many people’s choices>

Hello, the case of receiving leniency for summary indictment of drunk driving is Dongju Law Firm’s representative lawyers, Koo Ho-sung and Lee Se-hwan. blog.naver.com Hello, the case of receiving a fine for summary indictment of drunk driving is representative lawyers of Dongju Law Firm and drunk driving Koo Ho-sung and Lee Se-hwan. When I heard the word “drunk driving summary indictment”… blog.naver.com

 

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