(영문) 인천지방법원 2020.04.03 2019고단8831

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Reasons

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자간(%)

(영문) 인천지방법원 2020.04.03 2019고단8831

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 September 20, 2010, the defendant was sentenced to a summary order of a fine of two million won by the Incheon District Court for a violation of the Road Traffic Act.

On November 7, 2019, around 04:50, the Defendant driven a Eph car in the state of alcohol of about 0.143% of blood alcohol level from the front of the “C” in Michuhol-gu Incheon Metropolitan City “C” to the front road of the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as investigation reports (previous and confirmation), one copy of outputs of each summary order, and criminal records;

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. 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

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