beta
(영문) 인천지방법원 2016.08.10 2016고단2990

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On December 14, 2010, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,000,000 for a violation of the Road Traffic Act, and on January 15, 2016, from the Incheon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

[2] On March 4, 2016, around 00:21, the Defendant driven a Bknife vehicle under the influence of alcohol concentration of 0.147% under the influence of alcohol while under the influence of alcohol, from around 00:21 to around 1153, as the name of Gyeyang-gu Incheon Gyeyang-gu, Incheon, the Defendant was driving the Bknife vehicle from around 00 to around 1153, as the name of Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of drinking, the statement of the driver's circumstances, and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;