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광주지방법원 2019.07.18 2019고단1988
도로교통법위반(음주운전)등
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

[criminal power] On September 12, 2013, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court on September 12, 2013, and six months of imprisonment and two years of suspended execution, respectively, by the same court on November 28, 2013.

【Criminal Facts】

1. On May 23, 2019, the Defendant driven B vehicle at a 10-meter level under the influence of alcohol level of 0.080%, while under the influence of alcohol level of 0.080%, on the road located in 1255-1 as the regular director of the Seo-gu, Seo-gu, Gwangju.

2. 상해 피고인은 2019. 5. 24. 00:05경 광주 서구 C에 있는 피해자 D(40세)이 운영하는 E 앞에서 차량 주차 문제로 피해자와 시비하던 중 피해자가 현장에 출동한 경찰관에게 피고인의 음주운전 사실을 신고하였다는 이유로 화가 나 소지하고 있던 핸드폰을 피해자를 향해 던져 피해자의 왼쪽 귀 부위를 맞추어 피해자에게 약 2주간의 치료가 필요한 귓바퀴의 표재성 손상 등 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on internal investigation and notification of the results of the control of drinking driving;

1. A written diagnosis of injury;

1. Results of the CD reproduction and viewing;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (Attachment to the same criminal records and judgments) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 257 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. An order to provide community service and order to attend a lecture has been punished twice for drinking driving, including a suspended sentence, as stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, and a suspended sentence is sentenced for driving without license around 2015.