beta
(영문) 대구지방법원 김천지원 2015.12.17 2015고단1320

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 September 10, 2009, the Defendant was issued a summary order of a fine of three million won by the Goyang District Court on September 10, 2009, and on March 24, 2015, the Defendant violated the Road Traffic Act (driving) at least twice by receiving a summary order of a fine of 1.5 million won from the Daegu District Court Kimcheon Branch on March 24, 2015.

Nevertheless, on August 22, 2015, around 23:35, in violation of the same Act, the 100-meter distance from the front road of the Seo-gu Seo-dong, Seo-gu, Seo-gu, Daegu City, to the front road of the same Seo-gu, Seo-gu, Seo-gu, Daegu City, was under the influence of alcohol by 0.125% with blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the actual state of the driver;

1. Application of Acts and subordinate statutes on criminal history records, inquiry reports, and investigation reports (Attachment to the same summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., a strict punishment in light of the period of the final punishment due to the same crime, the period of the probationary punishment due to the traffic crime, the period of the probationary punishment due to the traffic crime, etc. However, considering the following factors: (a) the Defendant’s statement to the investigative agency with regard to the circumstances of the crime; (b) the Defendant’s speech and walking conditions; and (c) the fact that

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;