(영문) 인천지방법원 2017.08.18 2017고단3315

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(영문) 인천지방법원 2017.08.18 2017고단3315

도로교통법위반(음주운전)

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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 October 29, 2009, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million as a crime of violating the Road Traffic Act, and on April 1, 2016, the Incheon District Court received a summary order of KRW 2 million as a crime of violating the Road Traffic Act.

On April 19, 2017, the Defendant driven a B-hand car with a alcohol content of about 2km from around 01:20 meters to the front road of the shooting distance in the sports park located in the 50-ro 50-ro in the calendar of the Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, with a alcohol content of at least 0.095%.

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 conviction: Application of a written inquiry about criminal history and a 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. The order of punishment shall be determined by comprehensively taking into account all the circumstances revealed in the instant case, such as drinking alcohol, the observation of protection and community service order, the community service order, the condition unfavorable to the punishment of Article 62-2 of the Criminal Act (the fact that the person who has been punished for the same type of crime was repeated twice, etc. despite the fact that the person has been punished for the same type of crime), favorable circumstances (the fact that the person is recognized as committing the crime and there is no record of the crime exceeding the fine) and other factors, such as the distance of time from the records of the same type of punishment, driving distance, the age, the criminal defendant's age, sexual behavior, environment, circumstances leading to

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