beta
(영문) 인천지방법원 2020.06.17 2020고단620

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On May 2, 2014, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million, and a summary order of KRW 4 million from the Incheon District Court to the same crime on August 28, 2018.

【Criminal Facts】

Although the Defendant was punished for drunk driving as above, around 04:30 on January 24, 2020, the Defendant driven D Eccoo-car at approximately 200 meters from the front of the Incheon Gyeyang-gu “B Market” road to the front road of the same Gu C building, while under the influence of alcohol concentration of about 0.113%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (report on the confirmation of the same kind of power), a copy of a summary order, and the application of Acts and subordinate statutes that report the results of dispositions and checks

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment [Consideration of the crime in this case, the details and circumstances of the crime in this case, the blood alcohol concentration, and the criminal record];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the distance of driving is not a relatively long range and there is no previous conviction exceeding the fine, and that a person is willing not to drive under the influence of alcohol again after going against the mistake);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

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