(영문) 광주지방법원 2020.02.05 2019고단5130

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.02.05 2019고단5130

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

On July 2, 2012, the Defendant issued, at the Gwangju District Court, a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act; the summary order of KRW 3 million for the same crime in the same court on March 5, 2015; and the summary order of KRW 5 million for the same crime in the same court on May 4, 2017, respectively.

On November 14, 2019, at around 00:38, the Defendant driven a vehicle in the state of alcohol alcohol concentration of about 0.178% from the Dong-gu's parking lot located in the Dong-gu in Gwangju-gu to the roads adjacent to the B apartment in Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Notification of the result of the drinking driving control (Evidence No. 13);

1. Previous records of judgment: Application of inquiries, such as criminal records, and of five copies of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was the Defendant, who was punished by a fine for driving under the influence of alcohol in 203, 2012, 2015, 2017, 2016, and 2018, and was sentenced to imprisonment again, and the blood alcohol concentration (0.178%) was very high, and the Defendant was sentenced to imprisonment on the ground that there were no circumstances that may give special consideration to the background of driving under the influence of alcohol.

However, the execution of the sentence prescribed in Article 51 of the Criminal Act, such as the fact that there is no record of punishment except the above punishment, the fact that the crime of this case is recognized, the fact that the vehicle is disposed of, etc., shall be suspended in comprehensive consideration of the defendant's age, character and conduct, environment, and circumstances after the crime, shall be suspended, and social service and compliance

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