beta
(영문) 대구지방법원 2020.06.10 2020고단108

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed against the defendant for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

On December 07, 2019, at around 02:05, the Defendant driven a F 5 vehicle while under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.065% from the road near C located in Daegu Northern-gu B to the front road located in the same Gu E.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, notification on the results of the control of drinking driving, and inquiry into the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

The risk of a traffic accident is very high solely on the ground that there was no serious loss of human life as a result of a drunk driving.