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(영문) 대구지방법원 2020.01.22 2019고단5846
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

The defendant has been notified of each summary order of a fine of 1.5 million won on March 11, 2002, fine of 1.5 million won on July 16, 2004, fine of 1.5 million won on March 21, 2007, and a fine of 1.5 million won on March 21, 2007.

Although the Defendant had been punished for drunk driving as above, at around 13:40 on September 8, 2019, the Defendant driven an Epoter 2 cargo vehicle while under the influence of alcohol with approximately 0.223% of blood alcohol concentration at a section of about 100 meters from the front of the “C” located in Daegu Jung-gu, Daegu to the front of D.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

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, and application of Acts and subordinate statutes to a prosecutor's investigation report (Attachment to judgment);

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. Probation and lecture attendance order Article 62-2 of the Criminal Act has three times or more of the punishment force of drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, and the current Road Traffic Act, which has greatly strengthened the control standard and statutory punishment, has caused traffic accidents again after the enforcement of the Road Traffic Act, which has greatly strengthened the control standard and statutory punishment, and it seems that the crackdown is very poor, and that the blood alcohol concentration level exceeds the criteria for revocation of license, etc., the punishment for the crime must be chosen by requiring a strict warning: Provided, That there is no punishment of imprisonment without prison labor or heavier, and the execution of the punishment is suspended by taking into account the fact that there is no same electricity for 12 years after 207, there is no depth, and the defendant's age and occupation, etc., but it seems that the strict supervision and supervision of the probation officer to prevent recidivism and the systematic education on safe and defensive driving will be helpful.

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