(영문) 광주지방법원 2020.09.17 2020고단2880



A defendant shall be punished by imprisonment for not less than one year and 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

[criminal power] On July 11, 2006, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court as a crime of violation of the Road Traffic Act. On December 7, 2007, the Defendant was sentenced to imprisonment for eight months and two years of suspension of execution. On November 28, 201, the Defendant was issued a summary order of KRW 5 million by the same court.

【Criminal Facts】

On May 27, 2020, at around 05:30, the Defendant driven B K5 cars in the state of alcohol alcohol leveling 0.098% of alcohol level from the front line of the Yarigu, Nam-gu, Nam-gu, Gwangju to the front line of the 171 Hanmi shopping street, G 3km away from May 27, 2020.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning investigation reports (Attachment to the judgment of the same kind and subordinate statutes);

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.