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(영문) 대구지방법원 2020.04.22 2020고단416

도로교통법위반(음주운전)

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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

The defendant was issued a summary order of KRW 700,000 by the Daegu District Court on March 2, 2009 for a violation of the Road Traffic Act.

On January 2, 2020, at around 02:55, the Defendant driven an ETS125 EFI vehicle under the influence of alcohol concentration of about 0.176% on the front of the restaurant in the name of “C” located in the Daegu East-gu, Daegu-gu, for about 20 meters prior to the same Gu D road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Making a report on the control of drinking driving;

1. Reporting on detection of suspects in violation of the Road Traffic Act;

1. Licenses, teas, insurance inquiries;

1. Crime prevention ctv image images of the exposed place;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. No application of the sentencing criteria;

2. On September 25, 2018, a citizen, who suffered a traffic accident due to drinking driving, was placed in a brain-dead state and eventually, a case of loss of life occurred.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

The result of drinking driving.