(영문) 인천지방법원 2018.01.31 2017고단8029

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(영문) 인천지방법원 2018.01.31 2017고단8029

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four 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 October 13, 2017, the Defendant, while under the influence of alcohol 0.085% during blood transfusion, driven B-wing and III cargo vehicles with approximately KRW 500 meters from the front of the Yeonsu-gu Incheon Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Incheon to the front road of the training high school located in 632-1, Yeonsu-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 reasons 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 and Article 62-2(1) of the Road Traffic Act are as follows: (a) although there were several times of offenses violating the Road Traffic Act, the Defendant, including the same kind of crime, and even if there were several times of violations of the Road Traffic Act, the crime in this case was committed while driving a motor vehicle under the influence of alcohol; (b) however, the amount of alcohol concentration in blood is not relatively high; (c) the driving distance was not relatively high; (d) it does not reach a violation of other traffic-related Acts and subordinate statutes; (e) the judgment of his/her substitute driver was made that he/she would not from time to time have been driven the motor vehicle directly; (e) the Defendant's age, sexual behavior, environment, and family relationship, and all other circumstances that are conditions for sentencing as above,

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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