(영문) 대구지방법원의성지원 2020.09.24 2020고단224

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원의성지원 2020.09.24 2020고단224

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 became final and conclusive.

Reasons

Punishment of the crime

On March 19, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on November 1, 2010, issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (Refusal of measurement) at the port branch of the Daegu District Court on November 1, 201, and on June 15, 2012, issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on June 15, 2012. On January 9, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for six months with prison labor for a violation of the Road Traffic Act (Refusal of measurement) at the Sung District Court of Daegu District Court on January 9, 2014.

At around 18:30 on July 19, 2020, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol leveling 0.226% in a section of approximately three meters near the roads B in front of the Cheongri-gun, Chungcheongnam-gun.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Legal statement, report on the occurrence of a traffic accident, actual condition survey report, and scene photograph of the accident;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. It shall be particularly taken into account the reflection of the reasons for sentencing under Article 62(1) of the Criminal Act, the distance and the degree of driving under influence of alcohol, the records of traffic crimes (one time of suspended sentence of imprisonment and five times of fines), etc.; and

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