(영문) 광주지방법원 2020.04.02 2019고단4330

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(영문) 광주지방법원 2020.04.02 2019고단4330

도로교통법위반(음주운전)

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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

On January 19, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 3 million for the same crime at the same court on August 12, 2015.

On September 30, 2019, the Defendant, while under the influence of alcohol of 0.115% from blood alcohol level, driven B rocketing car at approximately 5 km from the 235 km in the middle-gu, Gwangju-gu, Gwangju-ro, Gwangju-dong, to the 78.3km away from the Seonam-gu, Seocheon-dong, the Gyeongnam-dong, the 235-ro, the 78.3km away from the Gyeongnam-dong, the 78.3km away from the ICC-dong, the Defendant driven the 5km car.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime again even though he/she was punished twice due to drunk driving. Since the instant crime was committed again, the instant drinking water level high, the Defendant is sentenced to imprisonment with labor.

However, the term of punishment shall be set in consideration of the sentencing factors favorable to the defendant, such as the fact that the defendant has no record of punishment except for the criminal records of drinking driving who was punished as a fine, and that the defendant repents his mistake, and the execution of the punishment shall be suspended, but the execution of the punishment shall be ordered together to be ordered to attend the compliance driving course, and the punishment shall be

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