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(영문) 대구지방법원 2020.06.10 2020고단1037

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On July 2, 2014, the Defendant was notified of a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on July 2, 2014, and on August 13, 2015, the Defendant was sentenced to a suspended sentence of 1.5 million won by imprisonment for the same crime in the Daegu District Court Kimcheon Branch on August 13, 2015.

Nevertheless, around 02:27 January 27, 2020, the Defendant driven a Bbenz car under the influence of alcohol content of about 0.057% at a section of about 1km from the front of the cafeteria-dong, Nam-gu, Daegu-gu to the front of the 260 knive-ro, a knive-ro, a knive-ro, a knive-ro, under the influence of alcohol concentration of about 0.057%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to the prosecution investigation report (verification of criminal records of the same kind);

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

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

1. In full view of the fact that the reason for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend Education twice, the execution of a sentence shall be postponed by taking into account the following factors: (a) the enforcement of a sentence shall be deferred by taking into account the fact that the level of blood alcohol concentration falls short of the criteria for revocation of license; (b) the Defendant’s age, occupation, and family relationship, and the strict control and supervision of the probation officer and the systematic education of safety and defense driving after the implementation of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, and the fact that the police officer seems to have been able to drive a drinking again; and (c) the responsibility for the crime is unlikely to repeat, and thus, (d) the risk of recidivism is unlikely.