beta
(영문) 광주지방법원 목포지원 2016.12.15 2016고단1255

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

The Defendant received a summary order of KRW 3 million each due to a fine of KRW 1.5 million for a violation of the Road Traffic Act on March 11, 2005, a fine of KRW 1.5 million for a violation of the Road Traffic Act on December 8, 2009, a fine of KRW 1.5 million for a violation of the Road Traffic Act on September 28, 2010, and a fine of KRW 3 million for a violation of the Road Traffic Act on September 28, 2010.

On August 27, 2016, at around 15:06, the Defendant driven a Brens car in the state of alcohol alcohol concentration of 0.149% while under the influence of alcohol, even though the Defendant had been under the influence of alcohol at approximately two times at approximately 17km from the Do in front of the Supo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, the Do in front of the Supo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report and the actual condition report of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the same kind of suspect records)-related Acts and subordinate statutes;

1. Relevant Acts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended in consideration of the fact that probation, community service order, or order to attend a lecture has no ability to punish more than a fine for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that the wife and children are responsible for supporting the wife and children, and reflects their mistakes, but the execution of a sentence shall be suspended in consideration of the fact that blood alcohol concentration is relatively high, traffic accidents causing physical damage, and the possibility of re-offending are