(영문) 광주지방법원 순천지원 2021.02.25 2020고단2108

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2021.02.25 2020고단2108

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 22, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on January 22, 2008, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking) in the same court on April 24, 2017.

[Criminal facts] On June 30, 2020, the Defendant driven Cworka car under the influence of alcohol content of about 0.140% from the 2km section to the 1st knife road in the mountain village in the mountain of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the south.

As a result, the Defendant was a person with the power of violating the prohibition of drinking driving, and driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, sex, environment, criminal records (which has the record of being fined for the same kind of crime); (c) the driving distance of drinking; and (d) the circumstances after the instant crime, etc., the sentence shall be determined as ordered by considering all the factors of sentencing

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제62조 제1항

유사 판례

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-부산지방법원 동부지원 2018.09.05 2018고단1195

-광주지방법원 순천지원 2017.11.30 2017고단2342

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