beta
(영문) 대구지방법원 김천지원 2021.02.18 2020고단662

도로교통법위반(음주운전)

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 May 28, 2009, the Defendant was issued a summary order of a fine of four million won by the Daegu District Court due to a crime of violating the Road Traffic Act.

On April 7, 2020, the Defendant driven a F Alti-Ma car while under the influence of alcohol content of about 0.163% in a section of about 2 km from the front road in Gumi-si B to the front road in D in the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drivers of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the previous history thereof) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following factors: (a) protection and observation; (b) order to provide community service; and (c) order to attend a lecture; and (d) the Defendant’s records of the same crime for the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the Defendant’s age, sexual behavior, environment; (c) motive, means and consequence of the crime; and (d) the conditions of all the sentencing as shown in the pleadings