beta
(영문) 광주지방법원 순천지원 2018.07.05 2018고단926

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

【Criminal Records of Crimes】 On September 22, 2006, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law in the Gwangju District Court’s net support, and was sentenced to a fine of 2 million won for the same crime in the same court on April 22, 2011.

【Criminal Fact-finding on April 4, 2018, the Defendant, while under the influence of alcohol 00:23% of alcohol, committed a violation of the regulations on prohibition of drinking alcohol driving on two or more occasions by driving a DN driver’s vehicle at approximately 5km from the front of the main road where it is impossible to find out the trade name in the Mineyang-Eup, Mineyang-si, Gwangju-si, in light of the influence of alcohol 0.094% in light of the influence of alcohol, to the front of the department store located in the Ordinance of Macheon-si to the front of the department store.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind as the suspect) statute;

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. In full view of the following circumstances: (a) the Defendant’s history of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol content in blood and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (c) the sentencing indicated in the records and theories of the case, including the circumstances after the crime, etc., the sentence shall