beta
(영문) 인천지방법원 2018.06.20 2018고단2690

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On October 12, 2009, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court for a crime of violating the Road Traffic Act (driving) and KRW 6 million by the same court on June 26, 2014.

[2] On February 25, 2018, the Defendant, around 11:41, 2018, 2018, driven a B L car while under the influence of alcohol with approximately 20 meters alcohol concentration of 0.176% at the distance of about 20 meters from the front of the Dong Culture Center of the Nam-gu Incheon Metropolitan Council to the parking lot of the fran apartment located in No. 69-gil-ro of the same Gu.

around 22:55 on April 1, 2018, the Defendant driven the B L-W-W-W-W-W-W-W-W-W-W-N-W-W-N-W-L-W-W-L-W-L-W-W-L-W-W-L-W-W-L-W-W-L-W-W-L-W-W-L-W-W-W-L-W-W-L-W-W-W-W-W-S-W-W-W-W-W-W-W

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by each of the defendants in court;

1. References to inquiries, such as criminal history, "2018 Highest 2690";

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Investigation report (No. 21, 22, and 23 once a month) 2018, 3396;

1. Statement made by the police against C;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes of the investigation report (No. 14, 15, and 16, monthly);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity is that the defendant was sentenced to a six-time fine due to a crime of violating the Traffic Act on the road since 2000, and the defendant is found to have committed a crime of violating the Traffic Act on the road since February 25, 2018 and is again committing a crime of violating the Traffic Act on the road again while being investigated by an investigative agency.