(영문) 인천지방법원 2020.04.22 2020고단975

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.04.22 2020고단975

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 April 12, 2012, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act, and issued a summary order of KRW 5 million in the same court on March 18, 2016.

At around 14:20 on January 10, 2020, the Defendant driven CK5 car while under the influence of alcohol concentration of 0.141% on the front of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of an inquiry inquiry report and investigation report (Attachment to a summary order), 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. In the course of study and community service order Article 62-2 of the Criminal Act, despite the fact that the degree of blood alcohol concentration for sentencing, the distance and time of drunk driving, and the record of punishment for drunk driving again causes considerable danger to the safety of the public by driving in drinking condition. 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 misunderstanding of mistake are divided, and all of the 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, etc., shall be determined as ordered by the order

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