beta
(영문) 대구지방법원김천지원 2020.08.06 2020고단559

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 August 16, 2018, the Defendant was sentenced to a fine of KRW 5 million by the Daegu District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 5, 2020, at around 22:10, the Defendant driven a F Kaf-car under the influence of alcohol concentration of approximately 200 meters from a section of about 200 meters from the front of the C convenience store located in Gumi-si B to the front of the C convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, an accident site photograph, a 112 reported case handling table, and an investigation report on the actual condition of a traffic accident;

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

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same kind of criminal records;

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. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account