beta
(영문) 광주지방법원 2017.09.14 2017고단3114

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On September 1, 2008, the Defendant was issued a summary order of a fine of four million won by committing a violation of the Road Traffic Act at the Gwangju District Court on September 1, 2008, and a summary order of 1.5 million won by committing a violation of the Road Traffic Act at the Gwangju District Court on September 30, 2014, respectively.

On July 3, 2017, the Defendant driven B Poter Cargo at approximately 200 meters in the section of approximately 200 meters from the 19:52, while under the influence of alcohol content 0.280% during blood transfusion, the Defendant driven B Poter Cargo at the section of approximately 200 meters from the front of the 74th Spool New Chang-dong, New-dong, Gwangju-dong, to the front of the 74th

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant again committed the instant crime even if he/she was punished twice in 2008 and 2014 due to drinking driving, the Defendant’s blood concentration was very high, and the Defendant eventually caused a traffic accident due to drinking driving.

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.