(영문) 광주지방법원 순천지원 2018.11.30 2018고단1531

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Reasons

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(영문) 광주지방법원 순천지원 2018.11.30 2018고단1531

도로교통법위반(음주운전)

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

On November 14, 2007, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of road traffic law (drinking driving), etc. in the Gwangju District Court’s net support on November 14, 2007, and was issued a summary order of KRW 5 million due to a violation of road traffic law (drinking driving) in the Gwangju District Court’s net support on April 5, 2016.

On June 24, 2018, at around 23:06, the Defendant driven a C-wing truck with alcohol level of about 0.104% in the section of approximately 19km to the front of the restaurant per day through a 8-1 day from the land gate of the Gu-gun, Gyeongnam-gun to the land gate of the Gu-gun.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crimes) by statutes;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant for the reason of sentencing, such as the fact that the Defendant had four times his/her previous convictions, the Defendant’s age, family environment, the interval between his/her previous convictions and the instant crime, the degree of alcohol alcohol level of the Defendant’s blood alcohol level at the time of the crime, the distance of drinking driving, and the circumstances after the crime, etc. shall be determined by taking into account all the favorable circumstances, including the Defendant’s age, family environment, the

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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