(영문) 광주지방법원 목포지원 2020.05.07 2019고단1625

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(영문) 광주지방법원 목포지원 2020.05.07 2019고단1625

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 4, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act, a summary order of KRW 1.5 million for the same crime in the same court on January 22, 2009, a summary order of KRW 1.5 million for the same crime, and a summary order of KRW 2.5 million for the same crime in the same court on October 18, 201, respectively.

Nevertheless, at around 15:00 on October 30, 2019, the Defendant driven a Cchip car with approximately 10km distance from the Mapo-si B’s parking lot to the public bus terminal located in the pressure-to-Eup in the Yanan-gun-gun, Mapo-gun, Mapo-gun, with a blood alcohol concentration of 0.182%.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a driving under the influence of alcohol, report on the state of a driving under the influence of alcohol, report on the state of a driving under the influence of alcohol, notification on the results of the control of a driving under the influence of alcohol, and

1. Application of criminal history records, reply reports (A), investigation reports, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Even though the sentence of Article 62(1) of the Criminal Act was imposed as a drunk driving on the grounds of sentencing under Article 62(1) of the Criminal Act, the degree of blood alcohol concentration is very high and thus the quality of the crime is not easy.

However, the execution of a sentence shall be suspended only once in consideration of all the circumstances, such as the fact that there is no punishment heavier than the fine for the same kind of crime, the fact that eight years have passed since the punishment was imposed for the same kind of crime, and the other circumstances, such as the age, sex, home environment, and the situation after the criminal administration, and the period of suspension of execution shall be five years.

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