(영문) 대구지방법원김천지원 2020.09.23 2020고단631

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(영문) 대구지방법원김천지원 2020.09.23 2020고단631

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 December 12, 2007, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act, etc. from the Daegu District Court Kimcheon-do branch on the charge of violation of the Road Traffic Act, and on June 17, 2016, the same court received a summary order of five million won or more as a fine for a violation of the Road Traffic Act.

On March 26, 2020, at around 04:13, the Defendant driven the FTS125cc Bab in the state of alcohol alcohol concentration of about 0.142% from the road in front of the building E-dong, which was under the influence of alcohol, from around 1km to the road in front of the building E-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, on-site photographs made from the control of drinking driving, and CCTV images and images of the CCTV images;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power, etc.)- Application of two copies of summary order Acts and subordinate statutes;

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, or order to attend lectures are recognized to be erroneous by the defendant, taking into account all of the conditions for sentencing specified in the records and arguments of this case, including the blood alcohol concentration of the defendant at the time of the instant crime, driving distance, circumstances leading the defendant to drive, the status of the defendant at the time of driving, and the criminal records of the defendant

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