(영문) 광주지방법원 2018.12.13 2018고단3950

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.12.13 2018고단3950

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 8, 2009, the Defendant issued a summary order of KRW 3 million to the Gwangju District Court due to a violation of the Road Traffic Act (dacting driving), and on August 24, 2015, the same court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (dacting driving).

[2] On September 30, 2018, the Defendant, at around 22:50 on September 30, 2018, driven a car in the state of alcohol alcohol concentration of about 0.062%, so that the name of the high-tech district in Gwangju Mine-gu may move from the front of the restaurant to the road front of the coefficient distance, as Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous convictions and judgment);

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. Considering the fact that there is a history of punishment of fines on two occasions due to drinking driving, etc. as stated in the criminal records in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act, and that the defendant was subject to three times as well as a traffic-related crime other than drinking driving, etc., the necessity of strict punishment is sufficient, and thus, the defendant's act is sufficiently required to be punished, and the defendant's act is subject to imprisonment with prison labor, but there is no history of punishment exceeding the fine due to drinking, and there is no history of punishment due to driving under the influence of alcohol, and the defendant's mistake is recognized.

In addition, in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age of the accused, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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