beta
(영문) 대구지방법원 포항지원 2021.02.03 2020고단1581

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Criminal facts

【Criminal Records of Crimes】 On December 17, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic laws in the Daegu District Court Port Branch.

【The Defendant driven B 2 truck under the influence of alcohol content 0.11% at the 20km section from the 20km section from the 20km section to the intersection of the front road from the 20km section from the road in the north-gu death of at least 20:40 on Nov. 18, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of suspects in violation of traffic laws (driving of alcohol), notification of the results of crackdown on driving of alcohol, and statement of the circumstances of drivers driving of alcohol;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

1. The provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, and the selection of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To take into account the following factors: (a) the degree of alcohol content is high among the blood transfusions for the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the fine for a violation of the Road Traffic Act in 2001; (c) a violation of the Road Traffic Act in 2009; (d) a violation of the Road Traffic Act in 2009; (e) a fine for a violation of the Road Traffic Act (d) a violation of the Road Traffic Act in 2011; (e) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act in 201; and (e) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d) a violation of the Road Traffic Act (d)