(영문) 인천지방법원 부천지원 2017.06.08 2017고단926

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(영문) 인천지방법원 부천지원 2017.06.08 2017고단926

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), from the same support on July 6, 2013, a summary order of KRW 7,00,000 as a fine for the same crime, and was sentenced to a fine of KRW 8 million as a fine for the same crime on January 27, 2015 from the same support.

On February 23, 2017, the Defendant driven a low alcohol vehicle with alcohol content of 0.173% while under the influence of alcohol at approximately 20 meters from around 23:30 to around 51, 297, from the Do located in Seocheon-si, Seocheon-si to the Do located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home (List 3), appraisal report (List 5);

1. Investigation report (List 10);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history (list 11);

1. The relevant Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, imprisonment with prison labor for a crime selected by means of the relevant Act and the selective punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to provide community service, community service order, and lecture attendance order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Promotion, etc. of Protection, etc. shall be based on the following factors: (a) the circumstances favorable to the defendant (the confessions, reflects, and any person who has not yet been sentenced to suspension of execution) and unfavorable circumstances (the crime of this case, which is driven under the influence of alcohol at least five times even though the person was punished for the crime of drinking, including the previous convictions in the judgment, shall be deemed to require thorough control, management, and education of the defendant's drinking habits in order to prevent the defendant from repeating a crime of the same or similar kind of crime) and other factors of sentencing specified in the above case, including the

참조조문

-형법 제62조 제1항

-형법 제62조의2

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