(영문) 인천지방법원 부천지원 2017.12.08 2017고단2592

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Reasons

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줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2017.12.08 2017고단2592

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 13, 2012, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Gwangju District Court on January 13, 201, and a fine of KRW 2.5 million for the same crime in the same court on November 21, 2012, and was sentenced to a fine of KRW 6 million for the same crime in the same court on October 15, 2015.

【Criminal fact-finding on October 21, 2017, the Defendant driven a BMW 520d car at approximately 300 meters away from the 300m section to the 17th road, as it was within the same city, while under the influence of alcohol content of 0.16% in blood around 02:44.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (former rulings) and Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime on three occasions or more due to drinking driving; (b) the degree of alcohol level among blood transfusion reaches 0.116%; (c) the confession of the Defendant is against his mistake; and (d) the fact that the Defendant did not have been punished in excess of the fine is considered under favorable circumstances; and (c) the sentence identical to the order shall be determined by taking into account various sentencing conditions set forth in the instant pleadings, such as: (a) the confession of the Defendant; and (b) the fact that

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