(영문) 인천지방법원 2020.07.22 2020고단4453

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Reasons

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자간(%)

(영문) 인천지방법원 2020.07.22 2020고단4453

도로교통법위반(음주운전)

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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

On May 2, 2007, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 2, 2007 and a fine of five million won by the Incheon District Court on June 11, 2013 as the same crime.

On April 26, 2020, the Defendant driven a B Poter II cargo vehicle under the influence of alcohol content of about 0.128% from the 2km section of approximately 2km to the side of the side of the 9.8km away from the Do adjacent to the river located in the West-gu Incheon Metropolitan City, Nam-gu, Incheon, Seodong-gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on the same type of power), and application of each statute of the judgment;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months of imprisonment with prison labor within the scope of applicable sentences in law; and

2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after

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