beta
(영문) 대구지방법원 2015.10.06 2015고단3226

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 September 28, 2007, the Defendant was sentenced to a summary order of 1.5 million won by committing a violation of the Road Traffic Act in the Western Branch of the Daegu District Court. On September 27, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution by the Daegu District Court.

On July 7, 2015, at around 01:01, the Defendant driven a B-learning car under the influence of alcohol content of 0.128% at a distance of about 3 km from the front side of the Seosung-dong, Nam-gu, Daegu to the front side of the children's center of Susung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (a copy of judgment on related cases, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 (the suspension of execution of punishment shall be limited to only once in consideration of confession and reflective nature);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;