(영문) 인천지방법원 2017.07.19 2017고단2374

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.07.19 2017고단2374

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2017, under the influence of alcohol content 0.127% in blood, the Defendant driven the horse side car at B, while under the influence of alcohol content 0.127% in blood, and proceeded with approximately 3 km from the front of the 10-dong cancer square in Bupyeong-gu Incheon Metropolitan City to the front of the 813-9 Cheongdo basin, as the Seo-gu Gyeongwonwon, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the circumstances of the driver at home and a report on the detection of the driver at home;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 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, even though there were two times of crime records of violation of the Road Traffic Act, and even if there were several times of crime records of violation of the Road Traffic Act, the crime of this case was committed while driving a motor vehicle under the influence of alcohol. However, the punishment is imposed as above, considering the fact that there was no record of punishment for the last nine years, the fact that there was no record of violation of other traffic-related Acts and subordinate statutes, the fact that the defendant did not go back to the violation of other traffic-related Acts and subordinate statutes, the fact that his mistake is divided later, and

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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