(영문) 대구지방법원김천지원 2020.09.23 2020고단543

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Reasons

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줄 간격

자간(%)

(영문) 대구지방법원김천지원 2020.09.23 2020고단543

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 9, 201, the Defendant issued a summary order of KRW 1 million from the Daegu District Court Kimcheon-do to a fine for a violation of the Road Traffic Act, and KRW 4 million from the same support on November 11, 2015 to a fine for the same crime.

On April 2, 2020, at around 02:30, the Defendant driven C Poter cargo under the influence of alcohol level of about 0.13% in the section of about 8km from around the citizen tower located in the valley, Kimcheon-si, Kimcheon-si to the vicinity of the access road to Kimcheon-si.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and inquiry into requests for appraisal of written notification;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of driving, the status of the defendant at the time of driving, and the criminal records

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