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(영문) 전주지방법원 2018.11.20 2018고단1566
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not less than eight 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 July 4, 2018, the Defendant driven the volume of B car under the influence of alcohol of about 0.182% in alcohol during the blood, from the 7km section to the parking lot for the Jinjin-gu Seoul Special Metropolitan City, which was located in the Yasan-gu, Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, to the 6rd indoor eukjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Statement;

1. Investigation report (related to parking CCTVs);

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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

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

1. The Defendant, on the grounds of the sentencing of Article 62-2 of the Criminal Act, engaged in drinking alcohol driving, even though he/she had been subject to two times or more due to drinking alcohol driving.

However, in this court, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the Defendant’s age, drinking volume, the background and result of the crime, and the circumstances after the crime, etc., and the fact that there is no record of the crime exceeding the fine, and the Defendant’s age, drinking volume, the background and result of the crime.

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