(영문) 인천지방법원 2020.05.15 2020고단67

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.05.15 2020고단67

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 May 18, 2007, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On January 31, 201, a fine of KRW 1 million due to the same crime in the same court on January 31, 201, and a fine of KRW 6 million due to the same crime in the same court on March 27, 2015.

On December 15, 2019, at around 23:57, the Defendant driven a car C in the state of alcohol 0.151% under the influence of alcohol level on the front of Michuhol-gu Incheon, Michuhol-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the request for appraisal, report on blood alcohol appraisal, notification on the results of crackdown on drinking driving (blood collection), and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry report, confirmation of criminal records of the same kind of criminal suspect, and application of statutes of a copy of 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. An order of education under Article 62-2 of the Criminal Act, even though there was a figure of blood alcohol concentration for sentencing, the distance and time of drinking driving, and the record of punishment for drinking driving, resulting in considerable danger to public safety by driving in drinking condition again. The time interval between the crime of this case and the crime of this case after the last record, the time interval between the crime of this case and the crime of this case, the recognition of the crime of this case and the misunderstanding of mistake, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., shall

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