(영문) 인천지방법원 2018.06.27 2018고단2856

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자간(%)

(영문) 인천지방법원 2018.06.27 2018고단2856

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 November 28, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on November 28, 201, and was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on November 27, 2011.

[2] On March 26, 2018, around 02:45, the Defendant driven B K5 car under the influence of alcohol concentration of approximately 0.104% from around 200 meters away from the front road of the Bupyeong-gu Incheon Seosan-dong 7 Complex to the front road of the Incheon Bupyeong-gu sports center of approximately 57 Sammsan-ro 6, Bupyeong-gu, Incheon to the front road of the 200-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Consent to blood collection and confirmation, and response to a request for appraisal;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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: (a) the Defendant was sentenced to two times a fine due to a violation of the Road Traffic Act (driving) around around 2011 and around 2014; and (b) the Defendant’s blood content (0.104%) during the instant case’s crime; (c) the Defendant’s blood alcohol content (0.104%) during the instant case’s crime; (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 identical to the order shall be determined

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