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(영문) 인천지방법원부천지원 2020.11.18 2020고단3650

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

[Criminal Power] On April 13, 2007, the Defendant received a summary order of KRW 3 million from the Incheon District Court Branch of the Incheon District Court due to the violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 21, 2020, the Defendant driven Csch sportston car in the state of alcohol of about 20 meters alcohol concentration of about 0.103% from the 20m section to the roads near the building in the same city, starting from the insular road (hereinafter referred to as the Macheon-si, Macheon-si) around 21, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, copies of summary orders, etc.;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2003, 2005, and 2007, he/she committed the same crime at once, and thus, he/she cannot be deemed to be somewhat liable.

In addition, the blood alcohol concentration measured is not 0.103% as 0.103% rice.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.