beta
(영문) 대구지방법원 상주지원 2021.02.24 2020고단375

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On August 16, 2007, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (driving) at the resident support of the Daegu District Court on August 16, 2007.

[2] On October 1, 2020, the Defendant driven C Poter cargo under the influence of alcohol concentration of about 10 kilometers from around 10 kilometers to around 0.047% from the 3,000 square meters in front of the Defendant’s house located in B at around 21:05 to the front of the said Defendant’s house.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

around 20:25 on October 1, 2020, the Defendant: (a) at the home of the Defendant located in B at around 20:25 on October 1, 2020; (b) at the home of the Defendant located in B; (c) during the dispute of the wife D and cash issues, D tried to stop dialogue with the Defendant and tried to go up to the second floor room; and (d) the victim E (V) who is his/her father and the victim of the Defendant and his/her family, who was in the vicinity of C when he/she was staying in B, was able to go up to the Defendant; (c) he/she laid down his/her joint ownership of the Defendant and his/her family members, who were in the vicinity of C, and laid down his/her house on the floor, "I would go back to this walk; and (d) laid down his/her house, which is a dangerous object in front of the warehouse, and continued to go together with the victim, and threatened him/her with sound "hing and cutting."

The defendant, carrying dangerous articles, threatened the victim and damaged the property.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation reports;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts and Article 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202).