beta
(영문) 광주지방법원 2017.03.23 2016고단5737

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 September 7, 2007, the Defendant was sentenced to a fine of 1.5 million won as a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on September 7, 2007, and a fine of 2 million won as a violation of the Road Traffic Act (dacting driving) at the Gwangju District Court on August 14, 2008

On November 11, 2016, the Defendant driven a B-W-man car at around 21:00 in the state of alcohol alcohol concentration of approximately 0.174% in blood, from around 200 meters away from the front public parking lot of the Jeju apartment to the front parking lot of about 105.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;