beta
(영문) 대구지방법원 김천지원 2019.01.16 2018고단1099

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 November 20, 2009, the Defendant, at the Daegu District Court Kimcheon Branch, had a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and on April 24, 2012, the same court received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) on at least two occasions. However, on September 14, 2018, the Defendant driven an Epobbbbbing cargo vehicle under the influence of alcohol concentration of approximately 500 meters from the front day of the Cmat located in Kimcheon-si, Kimcheon-si, to the roads above D at approximately 500 meters from the road to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of one copy of inquiries, such as criminal records, and one copy of a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (Consideration of blood alcohol level and previous convictions, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession of a crime, reflectivity, or a suspended sentence due to driving under influence of alcohol, but 13 years ago, and the other previous crimes of the same kind shall be punished by a fine not exceeding 2 times, and the support by a woman of the old age and his/her dependent after divorce);

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation repeated);

1. Article 62-2 (1) of the Criminal Act concerning community service or education;