(영문) 인천지방법원 2020.05.15 2020고단867

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Reasons

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(영문) 인천지방법원 2020.05.15 2020고단867

도로교통법위반(음주운전)

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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 August 25, 2008, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on February 9, 201.

At around 20:50 on January 18, 2020, the Defendant driven a Dice A car with blood alcohol concentration of about 0.212% in the section of approximately 1km from the Yeonsu-gu Incheon Metropolitan City B apartment road to the front distance of the same Gu C apartment.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The circumstantial statement of the driver, the report on detection of the driver, and the investigation report (the confirmation of blood alcohol concentration);

1. Previous records of judgment: A inquiry report, investigation report, and application of statutes, such as 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 a traffic accident by driving in drinking condition, even though the person had been punished for drinking alcohol level, the distance and time of drinking driving, and the record of punishment for drinking driving. After the last record of the crime in this case, time interval from the time of the crime in this case to the time of the crime in this case, recognizing the crime in this case, and taking the wrong facts into account the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments in this case, such as the defendant'

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