beta
(영문) 대구지방법원 경주지원 2019.11.27 2019고단496

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and three 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

【Criminal Power: On November 30, 2007, the Defendant was sentenced to a summary order of one million won or more for a crime of violating the Road Traffic Act in Daegu District Court racing support, and a summary order of one million won or more for the same crime from July 31, 2008 to a fine of 1.5 million won or more for the same crime. On October 4, 201, the Defendant was sentenced to a suspended sentence of eight months or more for the same crime from the same support to the same crime.

【Criminal Facts】 On September 6, 2019, at around 00:40 on September 6, 2019, the Defendant driven a F K7 vehicle while under the influence of alcohol with approximately 0.177% alcohol concentration at the 1km section from the front side of the Eju station located in D to the front side of the Eju station located in D.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of inquiry results and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;