(영문) 인천지방법원 2020.05.15 2020고단1557

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.05.15 2020고단1557

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 November 10, 2016, the defendant has been notified of a summary order of KRW 3 million by the Incheon District Court due to the violation of the Road Traffic Act.

At around 06:00 on January 23, 2020, the Defendant driven a motor vehicle E, under the influence of alcohol concentration of about 0.208%, over about 10km from the front of the Nam-gu Incheon Metropolitan City B apartment to the vicinity of the D station in Seo-gu Incheon, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status (verification of the same criminal records);

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 causes significant danger to the public safety by causing traffic accidents, such as causing traffic accidents by driving in drinking condition, even though there was a record of punishment for drinking alcohol level, distance and time of drinking driving, and the record of punishment for drinking driving. After the last record, time interval between the crime of this case and the crime of this case, recognition of the crime of this case and the mistake are divided, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime, shall be determined by taking into account all of the sentencing conditions shown in the arguments

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