beta
(영문) 대구지방법원 2020.01.21 2019고단6336

도로교통법위반(음주운전)

Text

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

On November 6, 2019, at around 16:10, the Defendant driven a F-crare car under the influence of alcohol leveling 0.206% of alcohol level from approximately 100 meters to the front of the E-Korean pharmacy located in D, from around 16:10 on November 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and on-site photographs;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the person causes a traffic accident due to drinking alcohol driving, circumstances favorable to the fact that the person has already been punished for the same kind of crime: A confession and reflect shall be made, the last 15 years of punishment power, and other circumstances shown in the pleadings of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order