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(영문) 대구지방법원 2020.01.29 2019고단5930

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

In Daegu District Court, the Defendant received a summary order of KRW 2 million on June 29, 201 from a fine of KRW 2 million, and the summary order of KRW 4 million on August 22, 201 from a fine of KRW 4 million on August 22, 201.

On October 25, 2019, at around 18:35, the Defendant driven a Dco-owned truck under the influence of alcohol concentration of about 0.273% at the section of approximately 1.5 km from the front of the restaurant located in Ycheon-si, Busan, to the front of the Cridge in the B from around 1.5 meters.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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 the prosecution investigation report (verification of the same criminal records as the suspect);

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. Although the reason for sentencing under Article 62-2 of the Probation Criminal Act has been four times the history of driving under the influence of alcohol, in full view of the fact that the regulatory standard and statutory punishment have been significantly strengthened after the implementation of the current Road Traffic Act, and that the blood alcohol concentration level exceeds the criteria for the revocation of license, the crime is unlikely to be less severe and the risk of re-offending is likely to require severe warning, and the sentence should be chosen by requiring a strict warning: Provided, That the execution of the sentence shall be suspended by taking into account the fact that the person was divorced from the business failure and then the person was unlikely to have good health conditions due to simplifiedness, etc., the fact that the vehicle was disposed of to avoid re-offending, the fact that there was no history of punishment heavier than imprisonment without prison labor, the defendant's age and occupation, etc., and the execution of the sentence will assist the strict supervision and supervision of the probation officer for the prevention of re-offending, as shown in the Disposition above.