beta
(영문) 인천지방법원 2018.06.27 2018고단2841

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 8, 2009, the Defendant was punished by a fine of 1.5 million won for a violation of road traffic law at the Incheon District Court on May 8, 2009, and the Defendant was sentenced to a fine of 2.5 million won at the same court on December 22, 2010 for the same crime, and was in violation of drinking regulations at least twice.

On February 9, 2018, at around 00:11, the Defendant driven BM car under the influence of alcohol content of 0.120% in blood, from the front day of the Aravian Age, located in the operation Dong of Gyeyang-gu Incheon Metropolitan City to the front road of the 686 new apartment as the old funeral.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. References to inquiries, such as criminal history, investigation reports (No. 11) and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was sentenced to three times a fine on around 2007, around around 2009, and around 2010 (in addition, a fine was imposed once as a crime of violating the Traffic Act (unlicensed driving) on or around 2008). The defendant's blood content (0.120%) at the time of the instant case is relatively high; on the other hand, the defendant's blood content at the time of the instant case is relatively high; on the other hand, the fact that the Defendant reflects the instant crime; the driving distance, traffic distance, other defendants' age, sex, environment, motive, means and method of the instant crime, circumstances after the instant crime was committed, etc., and the sentence identical to the order shall be determined by taking into account the following factors as a whole.