(영문) 인천지방법원 2018.03.23 2017고단8952

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(영문) 인천지방법원 2018.03.23 2017고단8952

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on February 16, 2012, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, etc. on one year of suspension of execution and two years of suspension of execution, and on June 11, 2014, committed a violation of the Road Traffic Act by the Incheon District Court on two years of suspension of execution and two or more times of suspension of execution.

On November 12, 2017, the Defendant, at around 22:20, driven a C Poter under the influence of alcohol level of about 0.075% in a section of about 20km from the 33rd SK beauty apartment to the front of the ambast golf course in Gyeonggi-si, Gyeonggi-do, the Defendant driven a C Poter under the influence of alcohol level of about 20km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in driving, notification of the result of crackdown on drinking driving, and report on the situation of driving in driving;

1. Previous convictions: A written reply to inquiry, such as criminal history, report on investigation (A), application of each of the written judgments, and applicable statutes;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) include: (a) the Defendant is against his/her mistake and does not repeat the sentence; and (b) the Defendant’s wife shows his/her will to guide the Defendant.

However, the Defendant, on February 16, 2012, was sentenced to a suspended sentence of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by danger), and the judgment became final and conclusive, again driving alcohol during the suspended sentence period and again driving alcohol again during the suspended sentence period, committed the instant crime even though he/she was sentenced to a suspended sentence of imprisonment on June 11, 2014.

In addition to the above suspended sentence, the defendant has been sentenced to a fine due to drinking driving twice.

Despite the repeated action of the court, the defendant continues to commit a crime of drinking.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제53조

-형법 제55조 제1항 제3호

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