beta
(영문) 대구지방법원 2013.04.18 2013고단1841

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 February 1, 2013, at around 23:20, the Defendant driven a B-car under the influence of alcohol with a blood alcohol concentration of about 0.148% from the section of about 3 km from the front side of the Daegu Suwon-gu to the front side of Denden apartment in the Suwon-gu Sugsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. Review of the results of crackdown;

1. Application of Acts and subordinate statutes on the completion of correction;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Act on the Punishment of Community Service and Compliance Driving Order is limited in light of the fact that the defendant committed the crime of this case again even though there are many criminal records of the same kind. However, the defendant's detention is likely to entail excessive difficulty to the defendant's family members, the detention of the defendant is expected to entail excessive difficulty to the defendant's family members, the same criminal records of the same kind in the last five years is one fine, and the punishment is determined as ordered in consideration of all other normal records shown in the trial process.