(영문) 인천지방법원 부천지원 2021.03.31 2020고단5112

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2021.03.31 2020고단5112

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

[Power of crime] On February 19, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) at the Suwon Friwon.

[Criminal facts] On December 3, 2020, the Defendant driven a Category C car under the influence of alcohol leveling 0.047% in the 1km section from the front side of the Macheon-si to the front side of the Seocheon-si, Seocheon-si. B., the Defendant driven a Category C car under the influence of alcohol leveling to 0.047%.

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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 of the Provisional Payment Order is that even though the defendant had a record of being punished for driving under drinking, the crime of this case causes considerable danger to road traffic, and the crime of this case is not exceptionally applied.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the traffic accident has not occurred.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the number of alcohol concentration in blood and the distance operated in drinking condition, the age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc., and the overall sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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