(영문) 인천지방법원 2019.07.26 2019고단4128

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(영문) 인천지방법원 2019.07.26 2019고단4128

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 26, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on December 26, 2013 and a fine of KRW 2 million for the same crime at the same court on July 20, 2017.

On June 5, 2019, at around 23:35, the Defendant driven an EMW car at approximately 300 meters away from the road front of the mutually incompetence in Seo-gu Incheon, Incheon to the front of the D Hospital located in the same Gu C, while under the influence of alcohol concentration of about 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on appraisal, inquiry into the results of crackdown on driving under the influence of alcohol, and report on the detection of a drinking driver;

1. Previous convictions in judgment: Criminal records, etc. and the application of inquiry reports, investigation reports, and statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

참조조문

-도로교통법

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제1항 제1호

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