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(영문) 대구지방법원 2020.10.28 2020고단4709

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 2, 2007, the Defendant was sentenced to a suspended sentence of two years in August and six months in the same court on December 18, 2008 by the Daegu District Court for the same crime, etc.

【Criminal Facts】

At around 12:50 on August 29, 2020, the Defendant driven D Launa car while under the influence of alcohol leveling 0.039% in the section of approximately two meters of the front road in Daegu Northern-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions), summary orders, and application of statutes governing the judgment;

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.

Even though there was a record of punishment for the same crime of drunk driving, including criminal records, the crime of this case has been committed again.

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

There is no record of being punished as drinking-driving from 2008 to 2008.

The distance of drinking driving is not long (section of up to 2 meters), the vehicle is disposed of, and the vehicle will not be driven again.