(영문) 인천지방법원 부천지원 2020.01.21 2019고단3654

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2020.01.21 2019고단3654

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

On October 18, 2019, the Defendant, while under the influence of alcohol of 0.208% of blood alcohol level around 20:30, driven a car on the road of approximately 2.3 kilometers from the day before Kimpo-si C cafeteria located in Kimpo-si B to the second floor parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Order to Provide community service and attend lectures is an offense in which not only the person himself but also another person's life may be taken, and the offense of this case was committed despite the fact that the defendant had been punished for the same kind of crime, and the defendant was driving in the state of full taking, and causing a heavy traffic accident, etc. is disadvantageous to the defendant.

However, considering the fact that the defendant recognized the crime of this case, the fact that there is no identical punishment power as well as the fine once every 20 years prior to the crime of this case, etc., circumstances favorable to the defendant should be considered. Other factors of sentencing as stated in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime of this case, circumstances after the crime, etc., shall be determined as stated in the order, and the execution of the punishment shall

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제1호

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