beta
(영문) 광주지방법원 2020.11.26 2020고단5225

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

Punishment of the crime

On May 8, 2012, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on September 27, 2013, a summary order of KRW 5 million was issued from the Suwon District Court to a fine of KRW 1.5 million for the same crime.

At around 23:00 on September 20, 2020, the Defendant driven a motor vehicle in approximately 4 km from the roads adjacent to the Gwangju Northern-gu B market to the roads adjacent to the D pharmacy located in Seo-gu, Seo-gu, Dong-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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 sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.