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(영문) 대구지방법원 2019.10.16 2019고단4624

도로교통법위반(음주운전)

Text

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

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

On October 1, 2008, the Defendant was notified of a summary order of a fine of four million won for a violation of the Road Traffic Act at the Daegu District Court, and on June 8, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for the same crime at the same court.

Although the Defendant had been able to violate the provision on the prohibition of drunk driving under the Road Traffic Act more than once, the Defendant driven D SP car in the state of alcohol alcohol concentration of about 0.04% from August 14, 2019 to around the said parking lot in the Ccafeteria parking lot located in Daegu Dong-gu, Daegu-gu, Daegu-gu, about 22:00 to around the said parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving (nine pages of evidence);

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (power to punish sound driving);

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. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture six times (including two times a suspended sentence), the execution of a sentence shall be postponed by taking into account the following: (a) the current Road Traffic Act, in which the control standard and statutory punishment were greatly strengthened due to the social request to eradicate the harmful effects of drinking driving; and (b) the risk of re-offending is highly likely to cause traffic accidents; and (c) the risk of re-offending in light of power and character and character, and thus, requires a strict warning. However, the execution of a sentence shall be postponed by taking into account the following factors: (a) the blood alcohol concentration level falls short of the criteria for cancellation of license; (b) the health level is not good; (c) the license is revoked; (d) the license is disposed of to avoid re-offending; and (e) the Defendant’s age and family relationship.