beta
(영문) 인천지방법원 2017.11.29 2017고단7033

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million on December 15, 201, and a fine of KRW 4 million on July 14, 2017 by the Incheon District Court for the same crime in the support for the development of a water source method source as of December 15, 201, and two previous criminal records.

[2] On September 9, 2017, the Defendant, at around 05:30, driven a B-house under the influence of alcohol concentration of 0.067% in blood without a driver’s license, from around the 5 Dong community center near Bupyeong-gu, Incheon, Bupyeong-gu, 160 to around the 100 side of Bupyeong Culture, the same 150m section to the 103 side of Bupyeong Culture.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on actual condition, the statement report on the circumstances of the driver with the driver with the driver’s license and the driver’s license ledger

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

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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 to mitigate small amount;

1. Article 62(1) of the Criminal Act provides that the Defendant’s reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has twice the career of punishing drinking drivers, and some of them have been committed again, but the occurrence of a traffic accident in the instant case, and thus, the Defendant’s responsibility is not easy.

However, the previous history is punished by a fine, and there is no record of crime exceeding a fine for the defendant, and the part of the traffic accident in this case is low, and the defendant has reached an agreement with the victim, the defendant has a depth of his mistake, and is in the position to support his or her married, and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in consideration of various sentencing conditions shown in the arguments in this case.