beta
(영문) 대구지방법원 2020.09.17 2020고단3731

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

[criminal power] On November 23, 2011, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court and KRW 1 million as a fine in the same court on March 11, 2012.

【Criminal Facts】

On June 22, 2020, the Defendant driven an E-Pod Motor Vehicle while under the influence of alcohol of about 25km from the front side of the Sincheon-si B to the front side of the “D” located in the Sinbuk-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, the Defendant driven the E-Pod Motor Vehicle while under the influence of alcohol of about 0.136%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power) and 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 reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant recognized the offense and commits an error, and the criminal records of the defendant, blood alcohol concentration, driving distance, and the time interval between the crime of drinking alcohol driving and the crime of drinking alcohol driving in this case, shall be comprehensively considered, and the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.