(영문) 인천지방법원 2017.09.01 2017고단5105

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(영문) 인천지방법원 2017.09.01 2017고단5105

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 February 26, 2015, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on July 21, 2015, to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act.

On July 6, 2017, at around 00:30, the Defendant driven CK7 car under the influence of alcohol with approximately 300 meters alcohol content 0.121% from the 300-meter section to the backway of sublime in 5-1, as in the same Gu, in front of the TK-1, located in the Dong of the Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including confirmation twice the driving force of drinking, each summary order);

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. In order to comprehensively consider all the circumstances revealed in the instant case, such as drinking, drinking, previous criminal records, temporal interval with the same type of punishment, driving distance, Defendant’s age, sex behavior, environment, circumstances leading to the crime, motive, etc., and circumstances after the crime, etc., such as the following: (a) the unfavorable condition for the sentencing of Article 62-2 of the Criminal Act [the same type of crime (the period of punishment for non-licenseless driving shall be four times)]; (b) the favorable circumstances (such as the recognition of and reflects on the crime) and other circumstances, such as drinking, previous criminal records; (c) the period of time between the previous criminal records; (d) the criminal records; (d) the criminal

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