beta
(영문) 대전지방법원 2020.09.25 2020고단2909

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 April 14, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court.

On July 8, 2020, at around 22:20, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the drinking driving control, and inquiry into the results of the fact;

1. The register of driver's licenses for tea and cars;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):

1. Article 62 (1) of the Criminal Act of the Suspension of Execution (In light of the danger and seriousness of harmful effects of sound driving, the degree of blood alcohol concentration at the time, the interval between the previous conviction and the previous conviction, etc., the liability for the crime was unfolded, the mistake was divided in depth, and the accident did not occur frequently, and the distance of operation is not long, and circumstances favorable to the defendant, other than the previous conviction in the judgment, have no particular criminal power, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;