(영문) 인천지방법원부천지원 2020.11.26 2020고단1157

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2020.11.26 2020고단1157

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 March 25, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act from the Busan District Court's Branch Branch.

Despite the power of violating the provision on the prohibition of driving under the influence of alcohol once or more times as above, the Defendant driven Csch Rexroth car in the state of under the influence of alcohol 0.167% from the Do in front of the infinite at the end of the infinite-si on August 18, 2020 to the roads front of the infinite-si Village B in the direction of about 300 meters from the Do infinite-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes governing a 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. The fact that a community service order or an order to attend a lecture is fully recognized for the purpose of sentencing under Article 62-2 of the Criminal Act, the numerical value of blood alcohol concentration, operational distance, the frequency and time and interval of punishment for the same crime, and the family relation, age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc. of the defendant, shall be determined by taking into account all the sentencing conditions specified in the arguments of the case,

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