(영문) 대구지방법원 2019.08.22 2019고단3429

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2019.08.22 2019고단3429

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 May 1, 2008, the Defendant was punished for a violation of the Road Traffic Act (driving) by receiving a summary order of KRW 700,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been able to violate the provision prohibiting the drinking driving of the Road Traffic Act, at around 02:20 on June 28, 2019, the Defendant driven BGTS125S 125cc under the influence of alcohol leveling 0.078% from the 5km section under the influence of alcohol leveling 0.078% from the 5km road to the front road of the GTS125cc under the influence of alcohol leveling from the 5km road in the middle-gu of Daegu to the GTS 125cc under the influence of alcohol leveling.

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. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to a summary order issued against a suspect in violation of the Road Traffic Act).

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, etc., as well as the circumstances shown in the pleading of this case, which are favorable to the fact that there exists a record of punishment for the same kind of crime: The confession

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