(영문) 인천지방법원 2020.01.10 2019고단8279

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(영문) 인천지방법원 2020.01.10 2019고단8279

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 December 19, 2008, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, on February 10, 2009, a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving), and on August 27, 2009, a summary order of KRW 4.5 million was issued in the above court.

On October 23, 2019, at around 00:08, the Defendant driven a DNA Maz car in the 3km section from Seo-gu Incheon, Incheon, to the Seo-gu, Seo-gu, Incheon, with a blood alcohol concentration of 0.158%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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. Previous convictions in judgment: The application of criminal records, confirmation of identical records, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. An order of education under Article 62-2 of the Criminal Act, even though there was a figure of blood alcohol concentration for sentencing, the distance and time of drinking driving, and the record of punishment for drinking driving, resulting in considerable danger to public safety by driving in drinking condition again. The time interval between the crime of this case and the crime of this case after the last record, the time interval between the crime of this case and the crime of this case, the recognition of the crime of this case and the misunderstanding of mistake, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., shall

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