(영문) 인천지방법원 2017.06.29 2017고단2787

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2017.06.29 2017고단2787

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 13, 2017, at around 20:20, the Defendant driven a fluoring car with approximately KRW 0.168% alcohol level from around 200 meters away from the front of the parking lot to the road located at approximately 370 od. 35, Namdong-gu, Incheon, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to photographs of drinkers;

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. For the reason of 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 fact that the defendant presented his/her life certificate one time due to drinking driving, and was issued a summary order one time due to driving without a license and illegal driving of official document, and the fact that the defendant was issued one time due to the bad driving of official document, the fact that the amount of drinking is high, and the details and circumstances of the accident caused by drinking, etc. are not highly dangerous, shall be considered as unfavorable circumstances, and the fact that the fact that the amount of drinking is not high, and the fact that the defendant does not repeat the crime is contrary to the ordinary circumstances, shall be considered as favorable, and the punishment shall be determined as per the order, taking into consideration all the factors such as the defendant's age, sex, environment, motive and circumstance, and circumstances after the crime

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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