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(영문) 대구지방법원 2020.06.10 2020고단547

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On April 13, 2007, the Defendant was issued a summary order of KRW 700,000 by the Daegu District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 21, 2020, at around 18:11, 2020, the Defendant driven Froca or car under the influence of alcohol with a blood alcohol concentration of about 0.065% at the section of about 48 km from the front side of the Ccafeteria located in Seongbuk-gun, Gyeongbuk-gun, to the front side of the D, Gyeongbuk-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, report on the state of drinking drivers, investigation report (report on the state of drinking drivers), register of driver's licenses, and inquiry into the motor vehicle;

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of re-offending of suspect drinking);

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 results of drinking driving are significant.