(영문) 인천지방법원 2019.10.23 2019고단6221

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.10.23 2019고단6221

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

【Criminal Power】 On December 6, 2018, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 On August 24, 2019, at around 10:29, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately KRW 700 meters alcohol concentration 0.073% from the 700m section to the front road of the water reservoir located in the same side of the Dongba beach, which is located in the chemical dongba of Incheon Strengthening-gun, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes governing 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months of imprisonment with prison labor within the applicable sentencing range 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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