(영문) 인천지방법원 부천지원 2017.06.23 2017고단884

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2017.06.23 2017고단884

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

Reasons

Punishment of the crime

[criminal history] On March 24, 2010, the Defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the Sugwon method, and on January 30, 2013, a fine of four million won as the same crime in the support for the development of the Sugwon method.

[2] On April 15, 201, around 04:01, the Defendant driven Chya car with approximately 10 meters alcohol content 0.103% while under the influence of alcohol content from around 10 meters to the front road of the 265-ro Fyi-dong, Seocheon-si, Busan Metropolitan City, to the next road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crimes) by 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. 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) considering the favorable circumstances, such as the fact that the Defendant committed the instant crime in spite of the fact that the Defendant had been subject to three times or more due to drinking driving; and (b) taking into account the favorable circumstances, such as the fact that the Defendant’s mistake is against himself/herself; and (c) he/she has no record of having been sentenced to a fine or more so far; and (d) taking into account the various sentencing conditions

참조조문

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