(영문) 대구지방법원 2019.11.28 2019고단4929

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(영문) 대구지방법원 2019.11.28 2019고단4929

도로교통법위반(음주운전)

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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 November 3, 200, the Defendant issued, at the Daegu District Court, a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) and other charges; on March 30, 2001, a summary order of KRW 2 million due to a fine for the same crime; on November 10, 201, at the same court, the summary order of KRW 1 million due to the same crime; on September 16, 2013, at the same court, the summary order of KRW 5 million due to the same crime; and on July 14, 2015, the summary order of KRW 7 million due to the same crime was issued, respectively.

On September 15, 2019, at around 23:05, the Defendant driven a B-hand motor vehicle under the influence of alcohol with approximately 0.111% of alcohol alcohol concentration at approximately 500 meters from the front of the restaurant near the Middledong-gu, Daegu to the front of the middle school located in 277-ro, Daegu, Nam-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- Up to five times the history of punishment for the violation of the Road Traffic Act (driving), - the recognition and reflect of the crime, and the absence of driving under the influence of alcohol again

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