beta
(영문) 대구지방법원 영덕지원 2021.01.20 2020고단282

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2020, the Defendant received a summary order of KRW 7 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court).

On November 10, 2020, the Defendant driven a body car in C with alcohol concentration of about 0.074% at the section of about 9km from the front parking lot in front of the apartment building B in Chungcheongnam-gun, Chungcheongnam-do to the road in the middle of the same military road in the same military, without a driver's license on November 10, 2020, while under the influence of alcohol leveling to about 0.074%.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Investigation report by the defendant before the court (the main driver's report on the circumstances);

1. Report on the circumstances of driving on the vehicle, report on the circumstances of a driver driving on the vehicle, report on the results of regulating the driving of alcohol, inquiry into the vehicle, and register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

The defendant is punished by a fine in 2020 due to drinking.