(영문) 인천지방법원 부천지원 2021.03.31 2020고단5070

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2021.03.31 2020고단5070

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Records] On January 11, 2008, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating Road Traffic Act (drinking driving) at the Eastern District Court of Seoul.

[Criminal facts] On November 19, 2020, the Defendant driven the E Carpon under the influence of alcohol leveling of about 0.049% from around 150 meters to around D, 150 meters from the roads near D, Seocheon-si, 2020 to the roads near D.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of driving alcohol and a report on the results of crackdown on driving alcohol, and an appraisal report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, list of relevant cases, and summary order-making statutes;

1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines concerning facts constituting an offense, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is the same as that of the instant crime, even though the Defendant had a record of being punished for driving under influence of alcohol, and thus, the liability for such crime is not exceptionally applied.

However, considering the fact that the defendant recognized the crime and the fact that the traffic accident did not occur, it is more favorable to consider the fact that the defendant committed the crime and the fact that the traffic accident did not occur. In addition, comprehensively taking into account the following factors: the defendant's age, sexual behavior, environment, circumstances leading to the crime, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, including the distance operated in the blood alcohol level, and

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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