beta
(영문) 광주지방법원 목포지원 2020.04.02 2019고단1570

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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

On June 9, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court.

Nevertheless, around December 2, 2019, the Defendant driven the EMW car from approximately 1 km to the roads adjacent to the Bapo-si B apartment, which were around 0.055% of alcohol level, around December 2, 2019, around 0.05% of alcohol level.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and current status of the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes of one copy of the criminal record, reply statement, and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 (including the fact that there is no record of punishment except that imposed on a fine once due to a sound driving, and that the blood alcohol concentration is relatively low);