beta
(영문) 광주지방법원 순천지원 2015.01.30 2014고단1662

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2007, the Defendant was sentenced to a fine of KRW 1,50,000 for the violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch on December 17, 2007, a fine of KRW 1,00,000 for the same crime in the same court on July 22, 2013, and a fine of KRW 6 million for the same crime in the same court on September 4, 2014.

On October 2, 2014, at around 03:19, the Defendant driven B Poter cargo with a blood alcohol content of 0.086% at a section of about 300 meters from the side parking lot adjacent to the view of the drinking water, which is located in the city of drinking water, to the same Dong from the 300-meter side to the road adjacent to the Poter Mool.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of three copies of judgment;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the defendant had been punished for the same kind of drinking driving on several occasions, has committed the crime of this case, and the nature of the crime is heavy.

However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case, the fact that the defendant would not drive under the influence of alcohol again, and the fact that there is no criminal record of suspended execution or more.