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(영문) 대구지방법원 2020.02.12 2019고단6062

도로교통법위반(음주운전)

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2007, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court on July 23, 2007, and a summary order of KRW 2 million from the Daegu District Court Kimcheon on January 11, 201, respectively.

Although the Defendant had been able to violate the provision prohibiting drinking driving of the Road Traffic Act more than once, the Defendant driven C-Korean cruise vehicle under the influence of alcohol by about 0.086% in a section of about 1km from the 1km to the roads in front of the non-cafeteria-dong, Daegu Northern-gu at around November 01, 2019. < Amended by Act No. 1501, Nov. 02, 2019>

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: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

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. When considering the fact that the punishment history for drinking driving for the reason of sentencing under Article 62-2 of the Probation Criminal Act has 4 times or more, the regulatory standard and statutory punishment have been greatly strengthened after the implementation of the current Road Traffic Act, the degree of blood alcohol concentration exceeds the revocation standard, the punishment power for driving without license also has six times, etc., a person who is in need of strict warning must choose a prison labor: Provided, That the execution of a sentence is suspended in consideration of the fact that the driver's license is lost by cancellation, that there is no punishment heavier than imprisonment without prison labor due to drinking driving, that there is no punishment heavier than imprisonment without prison labor due to the defendant's age and economic conditions, and that the strict management and supervision of the probation officer to prevent recidivism will be helpful. It is so decided as per Disposition on the grounds above.