beta
(영문) 광주지방법원 순천지원 2018.04.20 2018고단36

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in the net support for the method of Gwangju District on May 23, 2007, and on June 10, 201, the Defendant was issued a summary order of four million won for the same crime in the above court.

On December 19, 2017, around 22:12, the Defendant driven a B-3 vehicle while under the influence of alcohol content of 0.153% at a distance of about 2 km from the reputation, the front, and the road in the same Si/Gun/Gu Ordinance of the Nam-si to the same Si/Do, and driving the B-3 vehicle with alcohol content of 0.153% in the front of the dental road.

As a result, the Defendant once or more times driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as indicated in the Disposition shall be determined by comprehensively taking into account the following circumstances: (a) the same type of criminal records and the same alcohol concentration in sentencing under Article 62-2 of the Social Service Order Act exceeds four times; (b) the Defendant’s blood content is high; (c) the Defendant reflects his/her imprisonment without prison labor or any heavier punishment; and (d) the Defendant’s age, sex, criminal conduct, family relationship, environment, background and result of the crime; and (e) the circumstances after the crime were committed.