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(영문) 대구지방법원 2021.02.15 2019고단5788

도로교통법위반(음주운전)

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

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

Reasons

Punishment of the crime

On October 31, 2016, the Defendant received a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), and on April 19, 2019, the Daegu District Court received a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) from the Daegu District Court.

Although the Defendant had violated the provision prohibiting driving of alcohol under the Road Traffic Act more than once, the Defendant driven a vehicle with C low alcohol level of about 0.079% in the section of approximately 2.6km from the front of the Cheongcheon-si to the front distance of B apartment, around July 13, 2019, at around 01:50, the Defendant driven a vehicle with the alcohol level of about 2.6km from the front of the Cheongcheon-si to the front distance of B apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report, and Acts and subordinate statutes;

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

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 Code of the Order to Protective Observe and attend a lecture is two times for the last three years, in full view of the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, causes traffic accidents that conflict with the central separation unit after the enforcement of the Road Traffic Act, and the fact that it seems that the crackdowns are very strong during the new wall hours, and that there is a concern about the risk of recidivism in light of the defendant's age and driving habits, etc., it is necessary to adopt imprisonment with prison labor by taking into account the fact that there is no punishment heavier than imprisonment without prison labor, and that the alcohol concentration among blood alcohol falls short of the criteria for revocation of license.