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(영문) 대구지방법원 2020.08.11 2020고단2334

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 February 24, 2015, the Defendant was issued a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million, and a fine of KRW 2 million from the Daegu District Court Kimcheon Branch on March 5, 2018 to the same crime, respectively.

【Criminal Facts】

On April 19, 2020, at around 06:40, the Defendant driven a D-cr cruise car under the influence of alcohol by 0.133% alcohol concentration from the 10km section to the front of the G-gu Northbuk-gu C-B, Daegu-gu, Daegu-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same kind of power), and copies of summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he had a record of punishment for drunk driving, was driving under the influence of alcohol again after the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty.

The defendant's blood alcohol concentration level is high to the criteria for revocation of license.

A favorable condition: The defendant shall commit the instant crime.