beta
(영문) 광주지방법원 2013.05.21 2013고단1191

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 22, 2013, at around 04:34, the Defendant driven a B1 ton cargo vehicle at approximately 30 meters away from the front road of the "Emart," located in the Mannam-dong of Gwangju Mine-gu, with a alcohol level of 0.205%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant driven a motor vehicle in a very high drinking level of 0.205% of blood alcohol level, the defendant committed the crime of the same kind of the crime in the past and repeated the crime in this case even though he had been punished three times a fine, one suspended sentence, one time a suspended sentence, and one time a sentence due to the crime of the same kind of the crime in the past. However, the defendant's minor mistake is divided and reflected, and seven years have passed since the defendant was punished for the crime of drinking driving, and the last seven years have passed since the defendant was punished for the same kind of crime. Since the defendant was parked a motor vehicle immediately after the commencement of drinking driving in this case, the defendant's vehicle was parked at a level of 30 meters away from his driving in this case, and the defendant's motive and risk of driving in this case did not occur again at the time of driving in this case.