(영문) 대구지방법원 2018.10.25 2018고단3687

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Reasons

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자간(%)

(영문) 대구지방법원 2018.10.25 2018고단3687

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

On January 12, 2010, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on January 12, 201, and on May 22, 2014, the Defendant was a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a suspended sentence of two years for the same crime in August of 2014.

On July 19, 2018, the Defendant operated a vehicle with alcohol content of 0.151% in blood around 20:51 and was under the influence of 0.151% in the middle of blood and was under the influence of the Defendant’s operation of a vehicle BM525 on the road in front of a mutually influent restaurant located in the kingsan-ri, if not, but not, on the other hand, on the road in front of the kingsan-ri’s mutual influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Written inquiry about criminal history, etc.;

1. Investigation reports (Attachment of previous records of the same kind, written judgments, etc.), and application of statutes of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the fact that the defendant recognized the crime and reflects the fact that the defendant does not drive drinking again; and (b) other conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances:

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

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