beta
(영문) 인천지방법원 2017.08.10 2017고단4341

도로교통법위반(음주운전)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2017, the Defendant was under the influence of the alcohol level of 0.206% from blood alcohol level on May 16, 2017, the Defendant driven Coldo XG car at the section of approximately 20 to 30 meters from the Do in front of the apartment house B in Gyeyang-gu, Incheon to the front day of the apartment house 1.

2. On the same day, at around 16:10 on the same day, the Defendant damaged the first floor glass window (690m width x 330m length x 330m length) owned by the above apartment on the ground that the ordinary fluor does not have the mind to smoke in the above apartment at the 1st floor entrance of the above apartment building. The Defendant damaged the above apartment by cutting one story glass window (690m width x 330m length ).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to various photographs, estimates, investigation reports (in the case of the application of the aforementioned dmark);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 366 of the Criminal Act (the point of destruction) and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the fact that the defendant had been punished three times due to drinking alcohol driving, the fact that there was the history of two times of punishment due to the crime of destroying property, the fact that damage was not recovered or agreed in connection with the damage of property, the fact that the value of drinking was high, etc., when committing the crime, the fact that the damage was done at the time of the crime, and the fact that the damage was not relatively significant, etc., shall be considered as favorable circumstances. In addition, the punishment as ordered shall be determined by taking into account all the factors of sentencing, including the defendant’s age, sex, environment