(영문) 대구지방법원 포항지원 2020.04.29 2020고단123

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2020.04.29 2020고단123

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

Criminal facts

【Criminal Power】 On August 1, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act, etc. at the Ulsan District Court on August 1, 2008, and a fine of KRW 3 million for the same crime at the Daegu District Court on May 27, 2013.

【Criminal Administration” As above, the Defendant: (a) was a person who had a alcohol driving force on February 5, 2020; (b) driven a car while under the influence of alcohol 0.097% in the section of about 3km from the front side of the Yong-gu, Chungcheongnam-gu to the roads located at approximately 103-gil, Nam-gu, Nam-gu, Mapo-ro 103-ro, Nam-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, photographs of accident site, notification on the results of the drinking driving control, report on the state of drinking drivers, and report on the actual condition of traffic accidents;

1. Previouss before ruling: Criminal records, reply reports, the same previous records, and the application of Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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, Article 60 (3) of the Juvenile Act;

1. The probation order, etc. shall be sentenced to a stay of execution of imprisonment with prison labor for which the probation order, etc. is added, taking into account the blood alcohol concentration and degree of alcohol content for the reason of sentencing under Article 62-2 of the Criminal Act, the records of drinking driving twice, the accused's other penal power

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