beta
(영문) 대구지방법원 서부지원 2020.05.20 2019고단3478

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 April 17, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Seo-gu District Court Branch of the Daegu District Court, and KRW 1.5 million as a fine in the same court on June 25, 2018.

【Criminal Facts】

On July 17, 2019, the Defendant was under the influence of alcohol of 0.047% with blood alcohol concentration around 15:00, and was driving a DNA cargo vehicle from approximately 300 meters from the Gyeongbuk-gun to C.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of drinking control;

1. A report on internal investigation (a suspect's photographic photographic picture);

1. Investigation report (in the case of the blood algoe concentration originating from the property in the form of the Medmark);

1. Previous convictions in the judgment: Criminal history records, investigation reports (the attachment of the same and the summary order before the same type of crime) [this case's model has been applied in a way most favorable to the defendant under each of the above evidence, and it is recognized that the defendant committed the crime in the judgment];

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in violation of his/