광주지방법원 2017.05.18 2017고단317



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.


Punishment of the crime

On July 21, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeonju District Court, and a summary order of KRW 2.5 million for the same crime at the Gwangju District Court on August 14, 2012, respectively.

On December 29, 2016, while under the influence of alcohol level of 0.097% among blood alcohol level, the Defendant driven B freight vehicles from the front of the Gicheon-gu Gicheon-gu Gicheon-gu Gicheon-gu Gicheon-gu Gicheon-gu, Gwangju-gu, to the front of the Geumcheon-gu Gicheon-gu Gicheon-gu Gicheon-do, where the trade name cannot be known.

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. Field control photographs;

1. The point of previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and copy of the summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. In full view of all the factors indicated in the arguments of this case, including the fact that there was a history of punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding fines, the fact that there is no record of crime, the degree of alcohol during blood transfusion, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., the punishment as ordered shall be determined as per Disposition.