(영문) 광주지방법원 순천지원 2018.09.28 2018고단1197

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2018.09.28 2018고단1197

도로교통법위반(음주운전)

Text

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 18, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine in the same court on August 8, 2012.

On April 12, 2018, the Defendant driven a vehicle with approximately 20 meters high-speed E while under the influence of alcohol 0.251% in the blood on the front of “D” located in C at a leisure time around April 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol, and inquiry into the results of crackdown on drinking alcohol ( April 12, 2018);

1. An accident scene photograph;

1. A CD;

1. Previous convictions: Inquiries about the results of crackdown on driving under drinking ( November 19, 2006), inquiry about the results of crackdown on driving under drinking ( June 13, 2012), inquiry about the results of crackdown on driving under drinking, and the application of two copies of the summary order, and the application of two copies of the summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 62-2(1) and Article 62-2(2) and Article 59 of the Act on the Protection, Observation, etc. of Military Service Orders may be made available to the Defendant for a prior conviction, the Defendant’s blood alcohol concentration at the time of the crime is very high, the Defendant’s traffic accident in drinking, the Defendant’s damage to the property is less unfavorable conditions, such as the short distance of drinking, the Defendant’s disposal of the vehicle indicated in the judgment, the Defendant’s wrong disposal of the vehicle, and other favorable conditions, such as the Defendant’s age, home environment, the hours of the instant crime, the interval of the criminal record and the alcohol driver’s license, the motive and circumstances of the crime, etc.,

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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