(영문) 대전지방법원 2020.04.02 2019고단4996

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(영문) 대전지방법원 2020.04.02 2019고단4996

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 January 5, 2015, the Defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act at the Daejeon District Court.

On November 2, 2019, at around 01:42, the Defendant driven a DNA car under the influence of alcohol content 0.147% for approximately 5 km from the roads in front of the World Pungdong located in the same Gu on the roads in front of the World Pungdong located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the actual state of the driver;

1. Inquiries about the results of the drinking driving control, and the application of statutes concerning criminal records;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 on probation;

1. Sentencing sentencing under Article 62-2 of the Criminal Act: (a) the Defendant committed the instant crime again at the time when five years have not passed since the Defendant was punished for a fine of four million won due to drunk driving; (b) the alcohol measuring value of the instant crime cannot be said to be low; and (c) the need for strict punishment due to social harm to drunk driving; (d) the Defendant’s confession and confession seems to have taken into account favorable circumstances, such as the Defendant’s age, character and behavior, environment, background, motive, means and consequence of the instant crime; and (e) the Defendant’s confession and the need for strict punishment; and (e) the Defendant seems to have taken into account favorable circumstances, such as the fact that there is no criminal record other than the above fine; and (b) the Defendant’s age, character, circumstance, motive, means and consequence of the crime

It is so decided as per Disposition for the above reasons.

참조조문

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