beta
(영문) 대전지방법원천안지원 2020.09.09 2020고단1810

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 July 6, 2012, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act, from the Daejeon District Court's Incheon District Court's Branch on June 26, 2015.

On May 29, 2020, the Defendant driven QM6 automobiles under the influence of alcohol of about 0.048% of alcohol concentration from approximately 2km to D’s front roads located in Western-gu, Western-si, Western-si, Western-si, Western-si, Seoan-si, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation records (verification of the same type of force)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 Act is that the defendant was punished several times for the violation of the Road Traffic Act, but driving of the instant drinking, and that the defendant is recognized to commit the crime, etc., the punishment shall be determined as per the order.