(영문) 인천지방법원 2019.09.27 2019고단5327

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(영문) 인천지방법원 2019.09.27 2019고단5327

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 December 1, 2017, the Defendant had the power to drive a motor vehicle under the influence of alcohol by receiving a summary order of a fine of three million won for a violation of the Road Traffic Act from the Goyang Branch of the Jung-gu District Court on December 1, 2017.

At around 23:50 on June 30, 2019, the Defendant driven Crash Motor Vehicle with approximately 40km alcohol concentration of about 0.240% from the front of the apartment house B in Yongsan-gu, Yongsan-gu, Incheon to the literature and ICT in Michuhol-gu, Incheon to the roads.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal history records, etc., inquiry report, investigation report (Attachment to the same summary order), and application of a copy of the summary order Acts and subordinate statutes;

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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