beta
(영문) 광주지방법원 2016.10.20 2016고단3026

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 30, 2010, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 30, 2010, and on February 1, 2012, the same court was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving). On January 7, 2013, the same court was sentenced to a fine of KRW 7 million by the same court on January 7, 2013.

On July 1, 2016, at around 22:40, the Defendant driven BM5 car in the state of alcohol alcohol level of about 0.061% from the 3km section from the day before the restaurant that is not aware of the trade name in the school Dong-dong in Gwangju-gu to the 2amIC road in Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the same type of electric records attached) and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing period of Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, and the defendant's records of punishment for drunk driving (the period from 2003 to 2013 has no record of punishment exceeding the fine), driving distance, blood alcohol concentration, and other defendant's age, character and conduct, environment, health conditions, circumstances after the crime, etc., shall be comprehensively considered and all of the sentencing conditions specified in the arguments of this case shall be determined as ordered.