(영문) 인천지방법원 부천지원 2018.10.12 2018고단1861

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(영문) 인천지방법원 부천지원 2018.10.12 2018고단1861

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

On September 11, 2008, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 1,500,00 as a crime of violating the Road Traffic Act, and a summary order of KRW 4,00,00 as a fine for the same crime in the same court on September 23, 2013.

On June 7, 2018, the Defendant driven B automobiles over the 3km of approximately 3 km from the 5-lane 371 to the same road in the same city, from the 69-lane 371, under the influence of alcohol concentration of 0.082% among blood transfusion around 05:36, the Defendant was under the influence of alcohol.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report of investigation (A), and copy of judgment (Attachment of identical criminal records and judgments against a suspect), and application of 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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are against the defendant's recognition of the crime of this case, the defendant's past record of criminal punishment twice as the same crime, and the defendant's age, environment, background of the crime, alcohol density during blood, driving distance, the time of criminal punishment as above, and the circumstances after the crime, etc., shall be determined by comprehensively taking account of the various circumstances that form the conditions for sentencing specified in the records and arguments of this case, including the age

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