beta
(영문) 인천지방법원 부천지원 2019.03.14 2018고단3448

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 February 7, 2007, the Defendant was issued a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) at the Suwon District Court’s House, etc., and on December 29, 2017, at the Incheon District Court’s Branch Branch Branch, a fine of KRW 1 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 2, 2018, at around 14:37, the Defendant driven a C car while under the influence of alcohol of about 0.085% of the blood alcohol concentration from the 10km section from the roads of Kimpo-dong, Kimpo-dong, Kimpo-si to the front road of the Nam-gu, Incheon Metropolitan City.

Accordingly, the defendant was punished for the violation of the Road Traffic Act at least twice, but he was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (two times the same kind of electricity)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. In light of the fact that the defendant's reasons for sentencing under Article 62 of the Criminal Act is against the defendant, that the defendant has been sentenced twice a fine due to the same kind of drinking driving force, and that the blood alcohol concentration is 0.085%, the punishment as the order shall be determined.