(영문) 광주지방법원 2017.08.17 2017고단2026



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

[criminal history] On January 25, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on December 23, 2014, issued a summary order of KRW 1.5 million for the same crime by the same court.

[2] On May 8, 2017, the Defendant driven C-A-D motor vehicle at a section of approximately 700 meters from the roads of the Saemaul Undong, Nam-gu, Gwangju, to the roads in front of the Kandong, located in the same Dong-dong, while under the influence of alcohol content of 0.169% during blood transfusion around 22:40 on May 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

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 the facts that there was three times of punishment 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, reflects the fact that there is no record of crime, alcohol concentration in blood, driving distance, the defendant's age, sexual behavior, environment, circumstances of crime, etc., and all of the sentencing conditions shown in the arguments of this case, including the crime, the punishment as ordered shall be determined.