(영문) 광주지방법원 2020.09.10 2020고단2834

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크기(pt)

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자간(%)

(영문) 광주지방법원 2020.09.10 2020고단2834

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On November 19, 2010, the Defendant issued, at the Gwangju District Court, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act; on June 19, 2012, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act; and on January 31, 2013, the same court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act. On October 28, 2015.

【Criminal Facts】

On June 10, 2020, at around 21:25, the Defendant driven a FMW car from around 300 meters away from the street in the Seo-gu, Gwangju to the Ethy in the same Gu, while under the influence of alcohol content of 0.040%.

Accordingly, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of the investigative report;

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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the crime of drunk driving, the defendant was sentenced to a suspended sentence of imprisonment as stated in the judgment of the court below, as well as the fact that the defendant was sentenced twice a fine, and the defendant was sentenced to a suspended sentence of imprisonment as a result of the crime ofless driving in 2017, etc., the defendant is sentenced to imprisonment with prison labor; however, the defendant is recognized as committing the crime; the defendant is subject to punishment by taking into account the following factors: the motive and background of the crime in this case; the motive and background of the crime in this case; circumstances after the crime; the degree of the crime in this case; the defendant's family relationship, health condition, possibility of recidivism

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