beta
(영문) 대전지방법원 천안지원 2020.01.10 2019고단2621

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 2, 2019, at around 23:20, the Defendant driven an ECA 110B wheeled vehicle under the influence of alcohol with approximately 0.149% of alcohol concentration from the section of approximately 1km from the front of the C cafeteria located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the roads front the Dmoter.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Community Service and Order of Attending Education is a very dangerous crime that may cause the occurrence of traffic accidents, and thus, not only the person himself but also the life and family of others, and even in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant, even though he was punished by a fine on around 201 due to drinking driving, causes the accident where dives installed at the center line of the lane are received by dives while he committed the crime of this case. Meanwhile, the defendant led to the confession and reflect of the crime of this case, and taking into account all the circumstances revealed in the records and arguments of this case, such as the blood alcohol concentration level, kinds of driving vehicles, etc.