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(영문) 대구지방법원 2020.02.12 2019고단6331

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for two years.

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

The Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act on October 27, 2008 at the Daegu District Court, and was sentenced to a suspended sentence for six months on April 19, 201, and was sentenced to a suspended sentence for six months on July 17, 201.

On November 3, 2019, at around 21:50, the Defendant driven a F Marasian car in the state of alcohol alcohol concentration of about 0.04% from the Do in front of the Daegu Jung-gu C cafeteria to the E next road located D’s located in D’.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, prosecution investigation reports (report accompanied by a summary order attached to the punishment records of the same kind of crime);

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. Probation and community service order Article 62-2 of the Criminal Act has been served twice the suspended sentence due to the reason of sentencing. However, in full view of the fact that the control standard and statutory punishment have been greatly strengthened after the implementation of the current Road Traffic Act, and that there are four times the punishment power for unlicensed driving, the crime liability is not easy but a strict warning is required, and thus, the sentence is chosen by taking into account the fact that the blood alcohol concentration level falls short of the criteria for cancellation of license, the execution of the sentence is suspended in consideration of the defendant's age and family environment, and the strict supervision and supervision of the probation officer is necessary to prevent recidivism and the improvement of character and behavior is helpful.