beta
(영문) 대구지방법원 상주지원 2015.02.10 2014고단681

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 record] On November 8, 2007, the Defendant was sentenced to a suspended sentence of three years for one year for a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court. On October 10, 2006, the Defendant was issued a summary order of two million won for the same crime in the same court.

[Criminal Facts] On December 5, 2014, at around 20:38, the Defendant driven B cargo at approximately 3 km from the front day of the LAWWhouse, which was under the influence of alcohol of 0.094% from blood alcohol level, to the front day of the GAW vehicle in the same city electric power plant, in the same city electric power plant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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

1. Article 62 (1) of the Criminal Act;

1. The sentence shall be imposed as ordered in consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as stated in the instant pleadings, etc., where the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., has no record of criminal punishment for the last five years.