beta
(영문) 인천지방법원 2015.04.09 2015고단428

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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] The Defendant received a fine of KRW 2.5 million from the Incheon District Court on March 30, 2010 due to a violation of the Road Traffic Act (driving) and received a fine of KRW 5 million from the same court on January 16, 2015.

【Criminal Facts】

On December 23, 2014, the Defendant, while under the influence of alcohol level of 0.074% on blood alcohol level around 08:17, the Defendant driven BK-5 cars from the front side of the dmerdiian apartment 112-dong, Seo-gu, Incheon, Seo-gu, to the road in front of the original mountain tunnel, 339-gil, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;