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대전지방법원 서산지원 2020.01.16 2019고단967

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on November 24, 2008.

【Criminal Facts】

On September 28, 2019, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. On-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (Attachment, such as the suspect's previous records and copies of written judgments);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act include the previous convictions written in the judgment of the defendant, which had been sentenced three times to a fine due to drunk driving, and thus, the circumstances unfavorable to the defendant, such as the fact that drinking alcohol has not been reduced, and that the defendant's mistake and reflects the defendant's mistake, and the circumstances favorable to the recent traffic accident, such as the fact that there is no criminal record subject to a heavy punishment, are considered. In addition, all the conditions for sentencing as shown in the arguments, including the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc., shall be determined