(영문) 인천지방법원 2020.04.10 2020고단616

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.04.10 2020고단616

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 April 6, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on April 6, 2007.

On January 2, 2020, at around 22:35, the Defendant driven B-low-income cars with approximately 81 through 130 meters alcohol concentration 0.130% under the influence of alcohol from around 20 meters to the National Maritime Police Agency, as Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and copies of summary orders;

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 sentencing of Article 62-2 of the Criminal Act: (a) the number of blood alcohol concentration for the reason of sentencing; (b) the distance and time of drinking driving; and (c) the driving in drinking condition again leads to considerable danger to public safety by driving in drinking condition; (c) the time interval from the last record to the crime of this case after the crime of this case; (d) the recognition of the crime of this case and the misunderstanding of mistake are divided; (c) there is no other force other than the one fine; and (d) the Defendant’s age, character and behavior, environment, circumstances after the crime, and circumstances after the crime of this case, etc. shall be determined as the sentence of this case

참조조문

유사 판례

-인천지방법원 2020.04.03 2019고단9155

-인천지방법원 2020.05.15 2020고단1557

-인천지방법원 2019.11.22 2019고단7436

-인천지방법원 2020.04.03 2019고단8831

-인천지방법원 2020.04.22 2020고단979