(영문) 인천지방법원 2021.02.17 2020고단9433

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2021.02.17 2020고단9433

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 30, 201, the Defendant was sentenced to a suspended sentence of two years in October due to a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 30, 201. On March 14, 201, the Defendant issued a summary order of KRW 6 million in the same court due to the same crime, etc.

[Criminal facts] On September 29, 2020, the Defendant driven D low-priced automobiles from around about 1 km to around the Incheon Seo-gu Corporation to the front of the same Gu while under the influence of alcohol level of 0.138% during blood transfusion around 19:00.

As a result, the defendant was sentenced to criminal punishment due to drinking, but was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol (Evidence 11) and a statement of the situation of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. as shown in the instant pleadings, under the following circumstances:

Unfavorable circumstances: The Defendant, who was punished for driving under the influence of alcohol, has five times the history of driving, and one time of driving under the suspension of execution, was under the influence of driving under the influence of alcohol.

In the measured blood, the alcohol concentration is high.

The favorable circumstances: All the records of the crime are eight years prior to the 8 year period.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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