beta
(영문) 광주지방법원 2020.01.16 2019고단4153

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 13, 2009, the Defendant issued a summary order of KRW 3 million on January 15, 2014 to a fine of KRW 4 million by the same court as the same crime. < Amended by Presidential Decree No. 25174, Jan. 15, 2014>

【Criminal Facts】

On October 2, 2019, at around 10:14, the Defendant driven a EKani vehicle while under the influence of alcohol with approximately 4.4km alcohol concentration of about 0.250% from the south-gu Gwangju to the front road located in Gwangju Seo-gu, Seo-gu.

On November 13, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 4 million by the same court as the same crime on January 15, 2014. On October 22, 2019, the Defendant was charged with a violation of the Road Traffic Act (driving) with the Gwangju District Court on November 13, 2009.

【Criminal Facts】

On October 2, 2019, at around 18:40 on October 2, 2019, the Defendant driven a E Carn Z while under the influence of alcohol content of approximately 0.20% from G parking lot located in the former Net Chang-gun F to I in the former Net Chang-gun H to approximately 20 meters.

Summary of Evidence

"2019 Highest 4153"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Copies of summary order "2019 Highest 4520";

1. Defendant's legal statement;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry reports, summary orders, and copies of indictments;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a crime of drunk driving, not only once the criminal defendant was punished as a fine, but also on the same day.