(영문) 인천지방법원 부천지원 2018.02.08 2017고단3015

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2018.02.08 2017고단3015

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 August 28, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Branch Branch on August 28, 201, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Suwon Flag method.

The defendant, as above, has violated Article 44 (1) of the Road Traffic Act not less than twice, and driven B K5 cars in the state of alcohol concentration of about 0.150% from the section of about 50 meters, 0.150%, from November 18, 2017 to the 17th road in the city, as from the influence of the non-fluoral area of not more than 00:40 on November 18, 2017 to the non-fluoral area of not more than 17:5 in the city.

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on detection of the driver;

1. A written appraisal of alcohol during blood;

1. Making teas;

1. Previous convictions in judgment: Inquiries about criminal history, investigation reports (verification of the previous convictions in the same offense), and application of the statutes governing summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service: The punishment as ordered is determined by comprehensively taking account of the following factors: (a) the degree of alcohol level in the blood of this case is 0.150%; (b) the degree of punishment for the same kind of crime is 0.150%; (c) the degree of punishment for the same crime is more favorable: recognition of and reflects the mistake; (d) the occurrence of traffic accidents while driving the instant drinking; (e) there is no history of criminal punishment for the suspension of execution or higher; and (e) there is no record of criminal punishment for the crime committed; and (e) the various kinds of sentencing conditions indicated in the records and arguments

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