광주지방법원 순천지원 2018.05.30 2018고단576



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


Punishment of the crime

On July 16, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) in the Gwangju District Court’s Netcheon Branch on July 16, 2009, and a fine of KRW 1.5 million as a same crime in the same court on December 29, 2009.

On March 11, 2018, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.172% at a distance of about 500 meters from the front of a mutually influorous restaurant in the middle of the 645-6 elel in the same city, Yancheon-si, the Defendant driven the B Poter cargo in the influence of alcohol content of about 500 meters.

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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of second-class Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a copy of a summary order;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant’s Crimes and Article 62-2(1) of the same Act, and Article 69 of the same Act shall be determined as the disposition, taking into account all the favorable circumstances, such as the Defendant’s blood alcohol concentration at the time of committing the crime, and the Defendant’s wrong behavior, and the driving distance is relatively short, and other sentencing conditions, such as the Defendant’s age, family environment, the same criminal record and the same time as the instant crime, and the circumstances after committing the instant crime.