(영문) 인천지방법원 2020.11.11 2020고단5205

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.11.11 2020고단5205

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 5, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on October 28, 2016, a summary order of KRW 4 million for the same crime from the vice branch of the Incheon District Court.

At around 23:20 on April 18, 2020, the Defendant driven an E-hived vehicle with a blood alcohol concentration of about 0.112% in the section of approximately 1km from the front of Jung-gu Incheon Metropolitan City to the front of the “D” convenience store located in Jung-gu, Incheon.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement; 1. The report on the circumstances of the drinking driver and the notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (verification of the same type of power and reporting of attachment of a summary order), and summary order;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

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. One year and two years and six months of imprisonment within the scope of punishment by law; and

2. The sentencing criteria are not set according to the sentencing criteria. 3. The sentencing criteria are not set according to the sentencing criteria. The sentencing criteria in this case, including the numerical value of blood alcohol concentration in the judgment of the sentence on March 3, 200, the section of drunk driving, the circumstances leading to drinking driving, etc., shall be determined as the order, comprehensively taking into account all the arguments in this case and the sentencing conditions indicated in the records, including the circumstances after

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