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(영문) 광주지방법원순천지원 2020.08.19 2019고단3016

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On June 29, 2007, the Defendant was issued a summary order of KRW 2 million for a fine for violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch.

On December 11, 2019, at around 22:50, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.104% under the influence of alcohol in the section of about 50 meters from the front of the public parking lot in C to the front of the D apartment.

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. Previous convictions: Criminal history records, inquiry reports, investigation reports (verification of suspect driving records), application of summary order-related 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is very negative for the defendant to drive under the influence of alcohol again even though he/she had a history of criminal punishment due to drunk driving.

However, under the circumstances such as the defendant's attitude to reflect in depth on his mistake, and the defendant's age, character and conduct, environment, background and result of the crime of this case, etc., the punishment as ordered shall be determined by comprehensively taking account of various conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and the fact that 10 years have passed since the previous conviction, and no other criminal record than the previous criminal record.