(영문) 대구지방법원 김천지원 2019.10.17 2019고단911

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2019.10.17 2019고단911

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 February 28, 2017, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On July 20, 2019, at around 06:38, the Defendant driven the Category of DMW car from around 2km to around 0.123% of blood alcohol concentration from the front road of the “C” in Kimcheon-si, Kimcheon-si, to the front road of the school building distance in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of processing the 112 reported case, on-site photographs, and report on internal investigation (related to the statement of the reporter);

1. The circumstantial statement of a drinking driver, the inquiry into the results of the control of drinking driving, the report on internal investigation (with respect to the appraisal report on blood alcohol), and the report on internal investigation (with respect to the application of the Ba mark);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Probation and community service order, an order to attend the course of sentencing under Article 62-2 of the Criminal Act, the defendant's same criminal records, alcohol concentration in the blood of this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the following factors:

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