beta
(영문) 대구지방법원 2020.02.19 2019고단6335

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

The defendant was notified of a summary order of a fine of KRW 3 million at the Daegu District Court on July 18, 2007 due to a violation of the Road Traffic Act (driving) on July 18, 2007, and was sentenced to a fine of KRW 6 million on July 5, 2013.

Although the Defendant had been able to violate the provision on the prohibition of drinking driving under the Road Traffic Act more than once, the Defendant driven the Ebbbric vehicle under the influence of alcohol of about 0.108% in the section of approximately 800 meters from the Do in front of a restaurant in Daegu-gu, Daegu-gu, 2019 to D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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. In light of the fact that the standard of regulating the harmful effects of drinking driving and driving without license is significantly strengthened due to the social request of the society to eradicate the harmful effects of drinking driving and driving without license under Article 62-2 of the Criminal Act, and the current Road Traffic Act, which has greatly strengthened the standard of punishment and the current Road Traffic Act, and caused traffic accidents, and that the degree of blood alcohol level exceeds the criteria for revocation of license, and thus, the risk of re-offending is highly likely to cause severe danger, the crime must be selected by requiring a strict warning: Provided, That the execution of the sentence shall be suspended in consideration of the fact that there is no imprisonment without prison labor or heavier punishment, the defendant's age, family environment, and economic circumstances, and the systematic education of safe driving will be helpful.