beta
(영문) 대전지방법원 2021.02.09 2020고단4293

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), and on August 30, 201, the Daejeon District Court was sentenced to imprisonment for six months or one year of suspended execution due to a crime of violating road traffic law (drinking driving) at the Daejeon District Court on August 30, 201. On August 23, 2020, the Defendant was driving a Dice car under the influence of alcohol concentration of approximately 0.18% from the Daejeon Middle-gu Apartment apartment parking lot to the front end of the same Gu C from August 23, 2020.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the occurrence of the case, the arrest report, the details of enforcement, the notification of the results of the crackdown on drinking driving, the inquiry into the results of the fact, the circumstantial statement of the driver in charge, the investigation report (the circumstantial report of the driver in charge), and the processing of the reported case;

1. The driver's license ledger and the driver's license ledger;

1. Photographs of a vehicle at the time of crackdown, photograph of a defendant immediately before the crackdown, photograph of a suspect before the alcohol measurement, and photograph of alcohol concentration in the blood as a result of drinking measurement;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 62(1) of the Act on the Suspension of Execution (the necessity of strict punishment due to the danger and seriousness of the harmful effects of drinking driving, the concentration of alcohol in blood at the time is the numerical value that should not be driven, and in light of operational distance, etc., the responsibility for the crime is heavy, and the circumstances in which there is a high possibility of criticism in each criminal record in the judgment, etc., are recognized that the defendant was disadvantageous to the defendant, but the defendant was unaware of the mistake, and the accident did not occur frequently, and the interval between the last criminal record and the last criminal record is relatively relatively relatively high. The defendant does not married the punishment that the mother and the intellectual disorder beyond his arms have serious but rather supports alone.