beta
(영문) 광주지방법원 순천지원 2014.06.11 2014고단549

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On March 28, 2008, the Defendant was sentenced to three months of imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court on March 28, 2008, and on June 22, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime and five times of the same criminal records.

【Criminal Facts】

On March 22, 2014, at around 22:20, the Defendant driven a crocketing car under the influence of alcohol content of about 0.072% at the section of approximately 2 kilometers of blood alcohol content from the Do in front of the Badern Pung-dong, Mancheon-si to the front road of the Hocheon-si, Mancheon-si.

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 of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of each statute of judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime, even though he/she had a record of punishment several times due to the same kind of drinking driving.

However, it is decided as per Disposition in view of the fact that the defendant's reflects the crime of this case and again helps not drive under the influence of alcohol, and that the blood alcohol concentration is relatively low to 0.072%.