beta
(영문) 춘천지방법원 강릉지원 2020.02.07 2019고단1387

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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court's branch court's branch court's jurisdiction on January 29, 2014.

【Criminal Facts】

On November 16, 2019, the Defendant, who had the power of violating the prohibition of driving under the influence of alcohol, driven a Fpoter II active transport vehicle with a blood alcohol concentration of about 0.208% from the 1km section from the front of “C” located in B in the East Sea to the front of “E” located in D located in the same city at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements (a criminal investigation report (verification of criminal records for drunk driving of a suspect) - a summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;