(영문) 인천지방법원 부천지원 2019.09.03 2019고단1855

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2019.09.03 2019고단1855

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2019, at around 02:36, the Defendant driven a FNAS car from the front of the “C” road located in Seocheon-si B to the front of the “Egy” conference located in D in the same city, under the influence of alcohol concentration of approximately 1km to the front of the “Egy” road in D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article 148-2(2)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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the crime not only can the life of a person but also take another person's life, and the crime is not good, and the defendant's blood alcohol concentration was considerably high, etc. are disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case, there is no record of punishment for the same crime within the last five years, there is no record of punishment exceeding the fine, and the fact that the punishment for drinking driving is only one time, etc. shall be considered as favorable circumstances for the defendant. In addition, in comprehensive consideration of all the sentencing factors specified in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as per the order, and the execution of the punishment shall be suspended only once

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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