(영문) 인천지방법원 부천지원 2018.04.06 2017고단3031

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2018.04.06 2017고단3031

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 31, 2010, the Defendant was punished twice or more as a crime of violating the Road Traffic Act (drinking driving), such as a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 31, 2010, and a fine of 5 million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on June 14, 2012.

[Criminal facts] On November 25, 2017, the Defendant driven a C-Lp-type car from the section of approximately 1km to the front road of the GRT stop (Seoul bank) as the Defendant was under the influence of alcohol content of 0.168% during blood transfusion around 00:3 on November 25, 2017.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The punishment shall be determined by taking full account of the circumstances favorable to the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as the defendant’s age, environment, motive for the crime, and circumstances that are favorable to the defendant (the crime of this case is against the defendant’s recognition of the crime of this case), unfavorable circumstances (the fact that the blood alcohol concentration is high at the time of the crime of this case, and the fact that the defendant was subject to criminal punishment five times as to the same crime), and other various circumstances, including the defendant’s age

참조조문

-형법 제62조 제1항

-형법 제62조의2

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