(영문) 대구지방법원 서부지원 2020.04.03 2019고단2157

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2020.04.03 2019고단2157

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 April 2, 2007, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Seogu District Court Branch, and a summary order of KRW 3 million for the same crime in the same court on November 13, 2014, respectively.

On July 27, 2019, at around 00:25, the Defendant driven a vehicle of 3 km-lurturged from the road front of the Ansan-gu, Daegu-gu to the road front of the Daegu-gu B market while under the influence of alcohol by 0.149% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the report on the statement of the state of drinking drivers, and the results of crackdown on drinking driving;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of the same kind of crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) of the suspended sentence is that the defendant repeats the drinking driving of this case even though he had the record of driving under the influence of alcohol twice. However, the defendant's fault recognized and reflects his mistake and does not repeat again, and it is decided as per the disposition by taking into account all the circumstances such as the necessity for strengthening the risk of drinking under the influence of alcohol and the necessity for strengthening the punishment, driving distance, the driving distance, the records of the crime, the circumstances after the crime, and the criminal records.

참조조문

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