(영문) 대전지방법원 2020.07.24 2020고단2413

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자간(%)

(영문) 대전지방법원 2020.07.24 2020고단2413

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

On May 21, 2020, at around 19:59, the Defendant driven a DNA car while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.227% from the 100-meter section to the front road of Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any report on internal accidents, notification of the result of the regulation of drunk driving, inquiry into the results of the regulation of drunk driving, report on the situation of drunk driving, report on the state of driver's standing, report on the investigation report (report on the state of driver's standing);

1. Relevant provisions of Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 of the order to attend a lecture is that the defendant's wife was booming to drink alcohol at home and driving alcohol more than drinking alcohol at home, and the defendant was reported as a domestic violence on the ground that the defendant's key to the vehicle was boomed, and the police officer was dispatched from the house, and the above police officer was exposed to the defendant's failure at the road level 200 meters away from the house to the defendant's seat and was exposed to the above police officer while investigating the situation of the case against the defendant's wife, and thus, there is a high possibility of criticism in light of the circumstances where the above police officer was found to have driven under the influence of alcohol and was found to have been exposed to the above police officer, and the blood alcohol level of the defendant was 0.27% only at the time of drinking alcohol level. However, the defendant's primary crime recognized the error and against the defendant's age, character and behavior, and all of the sentencing conditions shown in the records shall be

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제1호

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