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(영문) 대구지방법원 2020.10.27 2020고단4219
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 September 25, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court and KRW 5 million for a fine in the same court on April 29, 2016.

【Criminal Facts】

On June 29, 2020, at around 18:45, the Defendant driven a e-bescop-up fat-down fat-off vehicle, while under the influence of alcohol 0.151% of alcohol in approximately 200 meters from the 200-meter section from the front of the D cafeteria to the front of the D cafeteria located in C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: The application of criminal records and investigation reports and Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act - the reason for sentencing under Article 62-2 of the Act on Probation, Order to attend a lecture, or Order of Community Service, which was re-offending despite four times of drinking driving skills, the blood alcohol concentration is higher than 0.151%, and the occurrence of an accident that

- time to commit the offence;

Compensation for physical damage was made.

It is necessary to dispose of vehicles and not re-offending them.

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