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(영문) 대구지방법원 상주지원 2021.03.03 2020고단378

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 7, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Support, which was issued a summary order of KRW 2 million for the same crime in the same court on January 7, 2019.

[2] On October 4, 2020, the Defendant driven a car with F horses in the state of alcohol alcohol content of about 0.174% from the section of approximately 1km from the front of the “C” road located in B at the time of stay at around 02:30 to the front of the “E” located in D at the same time.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished twice due to drinking driving, repeated the crime.

It is not a punishment for the last drinking driving, and it is not a long time in 2019.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.174%, and it was difficult to drive normally to the extent that the pents for preventing unauthorized crossing installed in the center of the road are difficult.

It can be seen that the risk of drinking driving was significantly high.

However, the same criminal records of the defendant are both fines, and the defendant will sell the vehicle and will not repeat the crime.

It takes into account the fact that the defendant's wife and the defendant's wife want to leave the ship.