(영문) 광주지방법원 2020.12.10 2020고단5531

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(영문) 광주지방법원 2020.12.10 2020고단5531

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

[criminal power] On May 3, 2011, 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 on October 15, 2012, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On October 25, 2020, at around 06:09, the Defendant driven CM5 car in the state of alcohol alcohol 0.065% of alcohol content from the lower street parking lot to the same Gu-owned building parking lot on the road of Dongdo-ro located in the Northernbuk-gu, Gwangju, Gwangju.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

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

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant committed the crime of this case, even though he had the record of punishment for drinking driving, etc., he/she committed the crime of this case, led to the confession of the defendant and reflects his/her wrongness, etc., and he/she did not have any criminal record exceeding the fine. The punishment as ordered shall be determined by comprehensively taking into account the criminal records of the defendant, the degree of taking the defendant, the circumstances of drinking driving, the age, character and behavior, environment, motive of the crime, circumstances after the crime, etc. specified in Article 51

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