beta
(영문) 인천지방법원 2017.05.24 2017고단1610

도로교통법위반(음주운전)

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2017, the Defendant, while under the influence of alcohol content 0.074% in blood, driven a Grand Car with Bland 0.074% in alcohol, and proceeded with approximately 2.5 km from the original distance to the front road of Incheon Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the School, even though the defendant had the same criminal history of two times, and even when he drives the vehicle under the influence of alcohol, the crime was committed in this case by driving directly by a substitute driver who was not at the time after he completed a meeting that includes half of the same employees and half of the same employees, but the defendant committed the crime in this case. The amount of alcohol concentration in blood was relatively lower, the amount of alcohol concentration in blood was relatively lower, the violation of other traffic-related Acts and subordinate statutes, the fact that the number of alcohol concentration in blood did not reach a relatively lower, the defendant's error was divided, and the above punishment is determined by taking into account all other circumstances that form the conditions for sentencing, such as the defendant's age, sex, occupation, environment, family relationship, etc.