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(영문) 대구지방법원 2021.01.14 2020고단5494

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

[criminal history] On October 8, 2008, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for a violation of road traffic law at the Seo-gu District Court Branch Branch of the Daegu District Court, and on November 28, 2013, with prison labor for 8 months and 2 years of suspension of execution for a violation of road traffic law.

[Criminal facts] On September 25, 2020, the Defendant driven D K5 cars under the influence of alcohol leveling of about 0.156% from the 77-9km section from the front of the C church located in Daegu Suwon-gu B to the road front of the 77-1, 39-1, in the same Gu, inside of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), and inquiry into the results of regulating the driving of drinking;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes for investigation reports (interpellations about suspect A's records of the same kind of punishment

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - the time to commit an offence.

- Along with the history of punishment for drinking driving (the second time of a fine on 2001, 2003, 2008, 201, 2008, and 2013, the suspension of the execution of imprisonment with labor), a second time has been repeated, and the alcohol concentration in the blood was 0.156% higher.

- The probation period due to this type of crime is the current period of probation, which was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended sentence due to a special injury in the Western Branch of the Daegu District Court on September 26, 2019, which became final and conclusive on October 5, 2019.

It has committed a crime without being able to do so.

- No accident has occurred.

5 years have elapsed since the point of final punishment for drinking, and when the sentence of this case becomes final and conclusive, the suspension of execution should be invalidated and the additional punishment for eight months should be imposed. This is somewhat harsh, and a fine shall be selected only once.