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(영문) 대구지방법원 2020.11.18 2020고단5174

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 August 5, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Daegu District Court.

【Criminal Facts】

On August 21, 2020, at around 02:00, the Defendant driven Dabba while under the influence of alcohol 0.169% in the section of approximately 2km from the front of the building North-gu, Daegu Metropolitan City B to the front of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the circumstantial statement of a drinking driver, an inquiry into the results of crackdown on drinking driving, an inquiry into the situation of a traffic accident, a driver's license ledger, a driver's license ledger, a mandatory insurance association, an inquiry report on the request for appraisal, an accident scene

1. Before judgment: Criminal records, investigation reports, and application of summary order-related Acts and subordinate statutes;

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, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

In 2016, the crime of this case was committed even though it had been punished for the same kind of drinking driving crime.

The blood alcohol concentration is also very high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

There is no previous offense exceeding a fine.

The physical damage caused by a traffic accident was restored.