beta
(영문) 의정부지방법원 2020.06.01 2020고단1740

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 16, 2015, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Jung-gu District Court.

On March 25, 2020, at around 01:45, the Defendant driven a Fchip car at approximately 4 km from the front line of the Cmaart located in Sacheon City B via the third distance in front of the Wacheon City D Village in Sacheon City, the Defendant driven a Fchip car at approximately 4 km from the front line of the Wacheon City E.

The Defendant, on the grounds that there exist reasonable grounds that he was deemed to have driven while under the influence of alcohol, such as smelling, drinking, and rhythring in the entrance, and received a report on temporary warning, and received a request from H to 15 minutes from around 02:12 of the same day of the same day, even though he was required to comply with the alcohol testing method by inserting the breath for about 15 minutes from 02:12 of the same day, he did not put the breath, and did not comply with a police officer’s request for the alcohol testing without justifiable grounds

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

The written indictment states that "the defendant has violated the prohibition of drunk driving on more than two occasions and has driven a motor vehicle under the influence of alcohol at the same time," but partly revised the facts charged in accordance with the applicable provisions of law.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, a criminal investigation report (report on the status of a drinking driver), field photograph, a copy of the usage register of drinking measuring instruments, and a criminal investigation report;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order for related cases);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. The sentencing criteria shall be.