(영문) 인천지방법원 2018.07.04 2018고단3278

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자간(%)

(영문) 인천지방법원 2018.07.04 2018고단3278

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On September 29, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million for the same crime from the same support on March 30, 2016.

[2] On April 19, 2018, around 23:55, the Defendant driven a Bserber sports car in the state of alcohol alcohol concentration of about 0.087% from the 4km section to the Cheongyang-ro located in 242-33 from the 26m-ro, Seo-gu, Incheon Metropolitan City, Seo-gu to the 26m-ro, Seo-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of investigation reporting (No. 7)

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was sentenced to two times a fine due to a violation of the Road Traffic Act (driving) around around 2014 and around 2016; (b) the Defendant’s blood content (0.087%) during the instant crime; (c) the Defendant’s blood alcohol content (0.087%) during the instant crime; and (d) the Defendant’s age, sexual behavior, environment; (e) the motive and background of the instant crime; and (e) the motive, means and method of the instant crime; and (e) the circumstances after the crime, etc., the sentence as ordered shall be determined by comprehensively taking account of the

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