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(영문) 대구지방법원 서부지원 2020.01.08 2019고단2139

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2010, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

On July 16, 2019, at around 13:40, the Defendant driven a F rocketing car in the state of alcohol alcohol concentration of about 0.272% at the section of about 200 meters from the front of the C convenience store in Seo-gu, Daegu to the front of the Ethy in Seo-gu, Seo-gu. D.

As a result, the defendant was driving not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, internal investigation report (the results of appraisal of blood alcohol concentration), and internal investigation report (the preparation of a report on detection of a primary driver as a result of blood collection);

1. The actual condition survey report;

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

1. An accident site photograph;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of a summary order);

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was three times a fine due to a drunk driving in the past and one time a suspended sentence of imprisonment, etc., and repeated crimes of the same kind even though they had been subject to criminal punishment four times.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.272%, and the Defendant caused a traffic accident involving another person’s vehicle while driving under influence.

In light of these points, it is necessary to strictly punish the defendant.

However, since 2011, the defendant's age, character and conduct, environment, family relationship, family environment, etc. are considered as favorable to the defendant, and there is no record of criminal punishment.