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(영문) 대구지방법원 2020.10.21 2020고단4245

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 9, 2007, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court for the crime of violation of the Road Traffic Act (Musk-in) and KRW 4 million by the same court on June 10, 2008.

【Criminal Facts】

On July 24, 2020, at around 21:32, the Defendant driven a liquid sports vehicle C in the state of alcohol alcohol concentration of about 5 meters at approximately 0.122%, from the spond of the west-gu, Daegu Northern Zone B, to the spond of the front of the west-gu public parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the circumstantial statement of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Arrest report and investigation report (the list of evidence Nos. 9);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and 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 and order to attend a lecture under Article 62-2 of the Criminal Act, after considering the following circumstances, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

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

Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.

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

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

The vehicle is disposed of, and again, not to drive under the influence of alcohol.