beta
(영문) 대구지방법원 서부지원 2020.01.30 2019고단2230

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 June 20, 2019, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seo-gu District Court Branch of the Daegu District Court on June 20, 2019, and violated the Road Traffic Act (driving) prohibition provision.

【Criminal Facts】

On June 23, 2019, at around 07:25, the Defendant driven a C-Korean cruise car under the influence of alcohol with approximately 0.114% alcohol concentration from around 3km section to the roads of the Daegu Prison in the Daegu Sinwon-gun, Daegu Si around 07:31 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant recognized the crime of this case and is expected not to repeat again

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;