(영문) 대구지방법원김천지원 2020.12.17 2020고단1112

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원김천지원 2020.12.17 2020고단1112

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

[criminal power] On February 19, 2014, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on February 19, 201, and the Defendant was issued a summary order of three million won for a violation of the Road Traffic Act in the same support on July 22, 2014.

【Criminal Facts】

On June 18, 2020: (a) around 00:18, the Defendant driven a FM car in the state of alcohol alcohol level of about 50 meters from around the parking lot for the Cmaart in the Gu, Si, Gu, Nowon-si, to the front day of the EM in the Gu, Si, Gu, Nowon-si, with approximately 50 meters alcohol level of about 0.207%.

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, and inquiry into the results of crackdown on drinking drivers;

1. CCTV images;

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. On the grounds of sentencing in Article 62-2 of the Criminal Act, the same criminal records of the defendant, blood alcohol concentration in the instant case, and the fact that the present state of the defendant's health appears not to be good, and the conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the following factors

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