(영문) 대구지방법원 2020.04.08 2019고단6407

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.04.08 2019고단6407

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

At the Daegu District Court, the Defendant received each notice of summary order of a fine of one million won on May 4, 2010 and a fine of 1.5 million won on August 26, 2016.

On November 9, 2019, at around 23:30, the Defendant driven a Dpoter Ⅱ cargo vehicle under the influence of alcohol concentration of about 0.082% in a section of about 2km from the Do near Yong-si to C.

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 prosecution investigation reports (verification of suspect's same kind of power);

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 Article 62-2 of the Criminal Act on Probation has four times the history of punishment for drunk driving for sentencing under Article 62-2 of the Criminal Act, a person shall choose a person to be sentenced to imprisonment because of the following reasons: (a) the enforcement of a sentence shall be suspended by taking into account the fact that there is no punishment of imprisonment without prison labor or heavier punishment for the same kind of power, the defendant's age, occupation and family environment, and the strict management and supervision of the probation officer for the prevention of recidivism will be helpful; (b) the current Road Traffic Act, in which the regulatory standard and statutory punishment have been greatly strengthened after the enforcement of the Road Traffic Act; (c) the traffic accident has been caused again; and (d) the traffic accident is deemed to have been driven by the maximum crackdown of the crackdown; and (d) the blood alcohol concentration level exceeds the revocation standards; and (e) the person shall be sentenced to imprisonment with prison labor for the

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