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(영문) 광주지방법원 순천지원 2018.02.02 2017고단2540
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2.5 million for the same crime in the same court on May 15, 2009, and a summary order of KRW 5 million for the same crime in the same court on March 11, 2013, respectively.

On November 12, 2017, the Defendant driven a B vehicle from around 2km to the two km road located in the Gugsan Ri, which was under the influence of alcohol content of 0.160% during blood transfusion at around 22:20, the Defendant driven a vehicle from around 2km to the two km road located in the Gugsan Ri, under the influence of alcohol content of 0.160%.

As a result, the Defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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

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

1. The sentencing of Article 62-2 of the Social Service Order Criminal Act has high alcohol content among bloods with the reason of sentencing; on the other hand, the defendant has no criminal record of imprisonment without prison labor or heavier; the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and results of the crime; and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by comprehensively taking into account.

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