beta
(영문) 인천지방법원 2020.07.22 2020고단2920

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 20, 201, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 22, 2020, the Defendant, while under the influence of alcohol of 0.047% from blood alcohol level on March 23:45, 202, driven a DM5 car from approximately 1km from the front day of the autopsy distance in the Seo-gu Incheon, Seo-gu, Incheon to the C Care Center located in Seo-gu, Incheon.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), Incheon District Court Decision 2011 High Court Decision 311 High Court Order Act and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( normal consideration, such as the fact that the interval between the starting distance from the previous drinking driving force exceeds eight years and that the previous drinking driving force is under medical treatment with alcohol dependence and is expected not to repeat a crime);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;