beta
(영문) 인천지방법원 2015.04.29 2015고단1051

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On April 10, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on April 10, 2009. On April 5, 2010, the Incheon District Court sentenced the Defendant to six months of imprisonment and two years of suspended execution. On October 21, 201, the Incheon District Court sentenced the Defendant to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court, and completed the execution of the said sentence on September 23, 2011.

【Criminal Facts】

On March 1, 2015, at around 23:52, the Defendant driven B Poter II cargo from approximately 2 km section from the 3rd-dong, Nam-gu, Incheon to the front road of 1221, Nam-dong, Nam-gu, Incheon, Nam-gu, 1221, under the influence of alcohol content 0.129% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results 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 (A), investigation reports (former records and attachment of judgment), three copies of judgment and Acts and subordinate statutes concerning the number and confinement status of individuals;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that there are many previous forces, and that the number of blood alcohol concentration is very high);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;