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(영문) 대구지방법원 2020.08.12 2020고단3053

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On March 11, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on August 28, 2014, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime in the same court.

【Criminal Facts】

At around 04:20 on May 9, 2020, the Defendant driven a F rocketing car with approximately 10km alcohol concentration of about 0.112% in the section of about 10km from the front of the C cafeteria located in the Guluri-si B to the front of the E-ray located in Lluri-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the circumstantial statement of a drinking driver, a report on the results of crackdown on drinking driving, and previous records as stated in the judgment of the next occasion: Criminal records, investigation reports (report on the confirmation of the same attached records), summary order, and application of statutes governing judgments;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of punishment for drinking driving, the same crime has been committed again.

The blood alcohol concentration is also high.

The favorable circumstances are confession and reflective.

The personal damage did not occur due to traffic accidents, and the physical damage was agreed with the victim.