beta
(영문) 인천지방법원 2015.01.05 2014고단5452

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 29, 2007, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and a fine of 1 million won as a crime of violating the Road Traffic Act (driving on February 27, 2009) in the Suwon Mountain Support on February 27, 2009.

On June 9, 2014, at around 20:08, the Defendant driven a BG 2 car in the state of alcohol alcohol content of approximately 0.358% from the 1km section to the front road of the gold station in the Seocho-si, Jinju-si. The Defendant driven the BG 2 car in the state of alcohol alcohol content of approximately 0.358% from the 1km section to the front road of the same gold station in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made as a result of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of a certified copy of summary order) or other Acts and subordinate statutes;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspended sentence, community service order for 80 hours, 40 hours in order to attend a lecture [fluence] or more, and there is no record of a crime subject to suspended execution [fluence] or higher alcohol concentration in the instant case, and detection due to a traffic accident of a passenger.