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Reasons
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(영문) 대구지방법원 서부지원 2017.12.20 2017고단1172
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 17, 2009, the Defendant was issued a summary order of KRW 2.5 million for a violation of road traffic law (drinking) at the Seo-gu District Court Branch Branch of the Daegu District Court on April 17, 2009, a summary order of KRW 5 million for the same crime in the same court on January 14, 2013, and a summary order of KRW 6 million for the same crime in the same court on February 21, 2014, respectively.

[2] In addition, Defendant 1 driven the Bland knife under the influence of alcohol with approximately 0.119% alcohol level from the public parking lot located in Yongsan-gu, Daegu-gu around May 13, 2017 to the 221st road of the same line from the public parking lot located in Yongsan-gu, Daegu-gu, Daegu-ro around 21:00 on May 13, 2017 to the 221st road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, report on the situation of driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, investigation report (report on the confirmation of the same record of the suspect), summary order;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant is against the time when committing the crime of this case, the fact that the defendant has no record of committing the crime exceeding the fine, and other circumstances shown in the arguments of this case);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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