(영문) 광주지방법원목포지원 2020.08.11 2020고단202



A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On October 2, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

On December 10, 2019, around 07:40 on December 10, 2019, the Defendant driven a F Talball car in the state of alcohol alcohol concentration of about 0.048% at the section of approximately 13 km from the Do in front of C in Yong-nam Cancer B to the front of E in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The social danger of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, shall be taken into account all the factors of sentencing as shown in the records and arguments including degree of punishment, character and behavior, environment, family relationship, circumstances after the crime, etc., as well as the degree of punishment, degree of punishment, character and behavior, circumstance after the crime, etc.