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(영문) 인천지방법원 2020.07.21 2020고단4454

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

1. On January 8, 2018, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violating the Road Traffic Act.

2. On May 7, 2020, at around 21:31, 2020, the Defendant driven a D Eccoo vehicle under the influence of alcohol content of about 0.066% in a section of approximately 4 km from the front of a cafeteria located in the Seo-gu Incheon Metropolitan Mamam1 to the front of the road located in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;

1. Previous convictions in judgment: Inquiry reports, investigation reports (Evidence Nos. 14), application of summary order-related Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Although the Defendant was sentenced to a fine due to drinking driving, the Defendant is also subject to drinking, and thus, the liability for the crime is not weak.

A favorable circumstances: The defendant recognizes a crime.

The blood alcohol concentration level was not very high.

There shall be no electricity exceeding a fine.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.