logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.10.21 2020고단1792
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 21, 2012, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court, and on November 20, 2015, the same court issued a summary order of KRW 2 million for the same crime. On November 24, 2016, the same court was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 25, 2020, at around 03:00, the Defendant driven CF car in the state of alcohol with approximately 100 meters alcohol concentration of about 0.116% in the section of about 100 meters from the front side of the Daegu Suwon-gu B apartment house, to the road adjacent to the above apartment house.

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

Summary of Evidence

1. For the criminal records as indicated in the judgment of the defendant, an investigation report on the actual state of his/her statement made by the defendant, the actual state of his/her oral statement, and the investigation report on his/her oral statement (report on the actual state of his/her driver), previous records: The application of criminal records, inquiry reports, and statutes

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. Taking into account the factors leading up to the crime committed by the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as three times a fine for the same crime, the fact that the Defendant committed the crime in this case, despite the fact that the Defendant had a criminal record of probation and community service order, one time a suspended sentence of imprisonment, and the fact that the volume of drinking water is higher than 0.116%, considering the fact that the Defendant is led to the confession of the crime, the Defendant’s arrival at his/her residence using the substitute driving system and the fact that the place of parking is insufficient, leading to the commission of the act in the course of parking by sending the substitute driving engineer and the circumstance leading to the crime is considered. The above criminal records, other than

arrow