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(영문) 광주지방법원 2016.08.18 2016고단1954
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 18, 201, the Defendant has been in violation of Article 44(1) of the Road Traffic Act, such as having been sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on June 18, 201, and a fine of three million won for the same crime at the same court on November 28, 201.

【Criminal fact-finding on May 14, 2016, the Defendant driven B rocketing car from the Namyang apartment parking lot in Gwangju Mine-gu to the front of the high-tech hospital located in the same Gu-based high-tech center under the influence of alcohol content of 0.096% during blood around 00:30%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (to file a copy of the previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The fact that there exists a history of punishment several times due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That there is no criminal conviction heavier than fines, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).

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