beta
(영문) 인천지방법원 2017.05.31 2017고단1109 (1)

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 18, 2009, the defendant was sentenced to a summary order of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court. On September 10, 2009, the defendant was sentenced to a suspended sentence of 2 months for a crime of violating the Road Traffic Act at the Seoul Northern District Court.

[2] On January 28, 2017, the Defendant driven a CMW 520d car under the influence of alcohol concentration of about 0.061% at a distance of about 20 meters from the front of the 586-gil 22 Ra, Jin Hospital, which is located in 602, to the front of the Mara Women Hospital, according to the same Gu Jung-gu, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on arrest and a statement in the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. In light of the fact that the defendant's responsibility is less than that of re-offending despite the fact that he had three times the same records as the defendant with the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which was sentenced to suspension of execution, and that he had been punished by suspension of execution, the defendant's responsibility

However, the previous history has been relatively long, and there is no criminal history for the defendant, and the circumstances of the crime in this case are considered, and the amount of drinking alcohol and driving distance are very minor, and the defendant has divided his mistake into depth and has been engaged in social activities as an evaluation committee member related to small and medium enterprises, and the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.