beta
(영문) 광주지방법원순천지원 2020.08.12 2020고단294

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The defendant 2011

1. The Gwangju District Court was issued a summary order of KRW 7 million for a fine for violation of the Road Traffic Act, etc. in the net support of the Gwangju District Court.

On January 22, 2020, at around 23:11, 2020, the Defendant driven a F rocketing car with a blood alcohol concentration of about 0.207% from the front parking lot of the B apartment Cdong to the front road in the same city D, under the influence of alcohol concentration of about 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Fire-proof report (on-site exit status, etc.), on-site photographs;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts 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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that although the blood alcohol concentration is highly high, it shall be considered that there was no previous conviction exceeding the fine in the past, and no previous conviction exists after 201, returning sirens used for the crime and not re-offending

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;