(영문) 인천지방법원 2020.04.08 2020고단1715

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.04.08 2020고단1715

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

【Criminal Power】 On March 14, 2013, the Defendant was issued a summary order of KRW 10 million by the Incheon District Court due to a crime of violation of the Road Traffic Act.

【Criminal Facts】 On February 13, 2020, the Defendant started from the day distance of Michuhol-gu Incheon, Michuhol-gu, Incheon at around 18:50, and driven the Defendant C car with a blood alcohol concentration of about 0.063% under the influence of alcohol at the 1km section to the front of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports (criminal records), and summary order-related 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. 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 scope of applicable sentences in 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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