(영문) 인천지방법원 2019.10.30 2019고단6136

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자간(%)

(영문) 인천지방법원 2019.10.30 2019고단6136

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 November 26, 2007, the Defendant was issued a summary order of KRW 700,000,000 for a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court as well as a summary order of KRW 1 million for the same crime at the Incheon District Court on August 14, 2008.

【Criminal Facts” around 00:30 on August 25, 2019, the Defendant driven Cworkstren car with a 10m alcohol level of 0.114% under the influence of alcohol level on the front of the Bupyeong-gu Incheon Bupyeong-gu B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (No. 9 times in the order of evidence), and application of Acts and subordinate statutes of each summary order;

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 guidelines are not set according to the sentencing guidelines. 3. Although the sentencing guidelines are not set, although the defendant has a large number of criminal records related to the Road Traffic Act, considering the circumstances leading to the driving of the motor vehicle in this case, the degree of the blood alcohol concentration of the motor vehicle in this case, the defendant's age and behavior environment, the motive of the crime, the result of the crime, the circumstances after the crime, etc., a comprehensive consideration of all the kinds of sentencing conditions and the sentencing conditions stated in the arguments and records of this case shall be determined as ordered.

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