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(영문) 대구지방법원 2021.03.17 2021고단4

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 3, 2011, the Defendant was notified of a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on January 3, 201.

Although the Defendant violated the provision on the prohibition of drinking under the Road Traffic Act, the Defendant driven the EGTS125 Orba in a state of under the influence of alcohol content of about 0.102% from the Do in front of the “C” located in Daegu Dong-gu, Daegu Dong-gu, Seoul, about 17:00 on December 11, 2020 to the roads front of the Daegu Dong-gu, Daegu-gu, Daegu-gu, about 300 meters.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement;

1. Statement of the circumstances of the driver in charge of driving and notification of the results of crackdown on the driving of alcohol, 112 report processing table;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report (related previous convictions and reporting), and 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. Although there is a history of driving alcohol for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, in full view of the following: (a) the control standard and statutory punishment were significantly strengthened after the enforcement of the Road Traffic Act; (b) the degree of alcohol in blood exceeds the license cancellation standards; and (c) the degree of crime is deemed to have driven due to the extreme gap in control; and (d) the risk of recidivism is likely to be dangerous; and (e) the sentence is chosen by requiring a strict warning to prevent recidivism: (a) the risk of serious accidents of human life is operated by a motor bicycle and thus, (b) the risk of serious accidents of human life is relatively low and is disposal of the bicycle and the vehicle, (c) there is no punishment imposed by imprisonment without prison labor or more for the same kind of power, and (d) the defendant's age and economic circumstances, and (e) the enforcement of the sentence is postponed by the guardian.