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(영문) 대구지방법원 서부지원 2020.05.27 2019고단3259

도로교통법위반(음주운전)등

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 September 17, 2019, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court's branch court on September 17, 2019

【Criminal Facts】

On October 26, 2019, at around 12:10, the Defendant driven a DNA car while under the influence of alcohol of about 0.120% of blood alcohol concentration without a car driver's license, from around 3km to the roads adjacent to C Hospital located in Daegu Seo-gu, Seogu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. The register of driver's licenses, and report on the actual state of drivers;

1. An accident site photograph;

1. Criminal records as stated in the judgment: Application of criminal records, reply reports on criminal records, and criminal investigation reports (reports on summary orders attached);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on July 13, 2019, was punished by a fine as stated in the records of criminal records, on the ground that he/she had driven under drinking on July 13, 2019 under Article 62-2 of the Criminal Act, and at the time when the Defendant’s driver’s license was revoked due to the above drunk driving, he/she did not have to drive without drinking alcohol.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.120%, and the Defendant caused a traffic accident that conceals another person’s vehicle parked in driving.

In light of these points, it is necessary to strictly punish the defendant.

However, the defendant shows an attitude that all of the facts of crime are recognized and divided, and as seen earlier, it has the record of criminal punishment in addition to a fine imposed once due to drinking driving.