(영문) 대구지방법원 2020.12.23 2020고단3011

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자간(%)

(영문) 대구지방법원 2020.12.23 2020고단3011

도로교통법위반(음주운전)

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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

The Defendant, at the Daegu District Court on September 28, 2007, issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 13, 2013, the same court issued a fine of KRW 3 million for the same crime, respectively, and on September 11, 2015, was sentenced to a fine of KRW 7 million for the same crime by the same court.

Criminal facts

On May 17, 2020, at around 21:00, the Defendant driven a D low-speed car with approximately 2.5km in the state of alcohol concentration of about 0.102%, from around 2.5km to the front of C in the same city from around the Gyeongcheon-si B apartment.

As a result, the defendant, even though he was punished for a drunk driving, was driving again while under the influence of alcohol.

Summary of Evidence

1. For the accused's legal statement, his/her oral statement, his/her circumstantial statement, his/her report on drinking driving control results: The application of criminal records, inquiry reports, and investigation reports (Attachment to the same type of electric records, etc.);

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. Taking into account the fact that the sentencing grounds for Article 62-2 of the Criminal Act include a large number of criminal records of the defendant with the same kind of crime and the records of different types of crime, which again led to the instant crime, and the drinking content is high to 0.102%, the grounds for sentencing favorable to the defendant who has led to the confession of the crime shall be considered as the grounds for sentencing. In full view of all other circumstances, including the defendant’s age, circumstances leading to the crime, and circumstances after the crime, the sentence identical

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