(영문) 대구지방법원김천지원 2020.10.22 2020고단848

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원김천지원 2020.10.22 2020고단848

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 30, 2013, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on April 30, 2013, and from the same support on July 7, 2014, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act.

【Criminal Facts】

At around 23:30 on April 4, 2020, the Defendant driven the Ethz car while under the influence of alcohol of about 0.127% in the section of about 6 km from around the Ccafeteria located in the Gumi-si B to the Gumi-si. D.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. A report on the occurrence of a traffic accident, an accident site photograph, an actual condition survey report, and on-site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order, orders to attend education, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol density of the defendant in this case, and other conditions of all kinds of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account

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