(영문) 인천지방법원 2018.12.14 2018고단7874

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.12.14 2018고단7874

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 8, 2007, the Defendant is a person who has a fine of KRW 5 million for a violation of the Road Traffic Act (driving), etc. at the Busan District Court's Busan District Court's Branch on June 8, 2007, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court's Incheon District Court on July 25, 2008.

Nevertheless, around August 30, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.091% from the 2km section of the blood alcohol level of around 2km to the 2km-ro of Incheon Bupyeong-gu, Seo-gu, Incheon around 02:20 on August 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of regulating the driving of drinking alcohol and a written statement of control;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Article 148-2(1)1 and Article 444(1)1 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing under Article 334(1) of the Criminal Procedure Act with the reason for sentencing of the provisional payment order is deemed to have driven under the influence of alcohol once again even though he/she had a history of driving two times, and the nature of the crime is not good in light of the control circumstance, etc. that is discovered while he/she stopped on the two-lane side of the road due to the influence of drinking, in light of the fact that there was a danger of large-scale accidents.

Since drinking driving includes not only the defendant's own life but also the risk of threatening the safety of other unspecified drivers, there is a social need to punish it strictly.

The defendant has a past record of criminal punishment of nine times, including two previous criminal records, and among them, there is a attitude to view the traffic laws and regulations for the defendant in addition to the two previous criminal records of drinking driving, in addition to the two previous criminal records.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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