beta
(영문) 울산지방법원 2020.12.16 2020고단4397

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 1, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court.

At around 21:30 on October 7, 2020, the Defendant driven Drocketing car with approximately 200 meters alcohol concentration 0.089% under the influence of alcohol from the 200m section to the C Apartment road.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (formerly previous records), and summary order Acts and subordinate statutes;

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;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished once a drinking driving; the driving of the instant drinking even though he/she had had a record of punishment; the degree of blood alcohol concentration is high to the revocation of the license: The defendant is against himself/herself; the defendant has no record of the suspension of execution or more.