beta
(영문) 광주지방법원 2018.12.13 2018고단3780

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On October 22, 2010, the Defendant issued a summary order of KRW 4 million as a fine for a violation of Road Traffic Act at the Gwangju District Court on March 11, 201 and KRW 5 million as a fine in the same court on March 11, 2013, respectively.

[2] On August 21, 2018, around 20:40, the Defendant driven a driver’s vehicle with a alcohol level of about 2k meters from the section of approximately 0.206% in blood alcohol level to the gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gals.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report [including a summary order attached thereto] statute;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a school shall be punished by imprisonment with prison labor at a time, taking into consideration the defendant's records of driving alcohol and the details of crackdown (if there is no damaged vehicle, but the crime of drinking by causing a traffic accident by itself) as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act;

Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.