(영문) 대구지방법원 2020.11.19 2020고단4462

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(영문) 대구지방법원 2020.11.19 2020고단4462

도로교통법위반(음주운전)

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Defendant shall be punished by imprisonment for a term of one year and two months.

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 June 1, 2009, the Defendant issued, at the Daegu District Court, a summary order of KRW 1 million for the crime of violation of the Road Traffic Act; on July 6, 2009, a summary order of KRW 3 million for the same crime; on June 22, 2010, a summary order of KRW 4 million for the same crime in the Seo branch court of the Daegu District Court; on October 21, 2013, a summary order of KRW 3.5 million for the same crime was issued at the Daegu District Court; on May 14, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime, etc.

On August 11, 2020, at around 01:34, the Defendant driven a motor vehicle under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.148% from the front road of Daegu Suwon-gu (Seoul-gu) to the Ddong Parking Lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (involving the results of the control of sound driving);

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including that the defendant's error in the grounds for sentencing or attending the course of probation or attending the course of education, is not to be mitigated, and the main contents of sentencing are against the defendant, favorable circumstances, such as the defendant's sexuality, age, character and conduct, environment, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as ordered by taking comprehensive account of the various sentencing conditions

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