(영문) 인천지방법원 2020.01.10 2019고단7537

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.01.10 2019고단7537

도로교통법위반(음주운전)

Text

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

【Criminal Power】 On September 3, 2013, the Defendant issued a summary order of KRW 4 million at the Incheon District Court on the grounds of a violation of the Road Traffic Act, and on January 13, 2016, the Defendant has been sentenced to a suspended sentence of two years for imprisonment with labor for a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) at the Incheon District Court.

【Criminal Facts】 On August 22, 2019, at around 16:03, the Defendant driven a 1 ton truck with blood alcohol level of about 1.8 km from the front of the Seo-gu Incheon, Seo-gu, Incheon to the E store located in D, via the same Gu’s E store in the same Gu, to the front of the same Gu’s F complex.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Criminal records as stated: Application of criminal records-related 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. 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 applicable sentencing range by 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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