beta
(영문) 인천지방법원부천지원 2020.09.23 2020고단1287

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 22, 2012, the Defendant was sentenced to a suspended sentence of three years in one year and six months of imprisonment with prison labor for a violation of the Road Traffic Act, in the Incheon District Court's Busan Branch Branch.

around 01:08 on March 22, 2020, the Defendant driven a C Leroblar in the state of alcohol 0.102% of blood alcohol concentration at the section of approximately 10m of the front road of Seocheon-si, Seocheon-si.

Accordingly, the defendant, who violated the prohibition of drinking driving once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Written statements of the defendant in his court;

1. Previous records shown on the screen by taking off CCTV images as a result of a report on the circumstantial statement of a drinking driver and a control of driving under influence of alcohol: Application of Acts and subordinate statutes to investigation reports (verification of sound driving records), criminal history records, 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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

The defendant of the reason for sentencing was sentenced to a fine for ① a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act in 2001, ② a suspended sentence for one year in 2005 due to a violation of the Road Traffic Act and the Act on the Aggravated Punishment, etc. of Specific Crimes, ③ a fine for a violation of the Road Traffic Act (non-licensed) around 2010, ④ a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Non-Exclusive Vehicle) and the Road Traffic Act (Non-Exclusive Vehicle), a violation of the Road Traffic Act (Non-Exclusive Vehicle), a violation of the Road Traffic Act (Non-Exclusive Vehicle) and a violation of the Road Traffic Act (Non-Exclusive Vehicle).

As above, the Defendant committed a second offense without being able to do so even after having been put on the line with regard to the same kind of crime. The Defendant’s responsibility is very heavy, and there is a high possibility of criticism by plenary session of the law.

Recently, the social awareness of the harm of drinking driving is growing.