beta
(영문) 광주지방법원 2019.08.22 2019고단2107

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 June 1, 2019, at around 22:14, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.062% under the influence of alcohol in approximately 300 meters from the front road in Gwangju Mine-gu, to the front road in the same Gu E-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation into the drinking driver;

1. Relevant legal provisions and Articles 148-2(2)3 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include three times of a fine, and the criminal records of a drunk driving are included in two times of a fine.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that the defendant is engaged in driving under the influence of alcohol.

However, it shall be considered favorable to the fact that the defendant had no record of being punished for drunk driving since 2005 and that the blood alcohol concentration is relatively low.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.