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(영문) 대구지방법원 2019.06.12 2019고단1222
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Since June 1, 2006, the Defendant had been driving at least twice. However, around November 26, 2018, around 09:29:29, the Defendant operated Cknife vehicle under the influence of alcohol by 0.098% with a distance of about 5 km from the front of the Daegu Suwon World Cup stadium to the front of the 180 Daegu Seosan-si Do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (Attachment to summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 under Article 62-2 of the Criminal Act has three times the career of punishment for the defendant for the reason of sentencing and lecture attendance order under Article 62-2, and the state of social interest in eradicating harm caused by drinking driving is concentrated, and the drinking driving is cut back inevitably without facing it, and the degree of blood alcohol level at the time of the crime in the judgment below is close to the criteria for the revocation of license, etc., the defendant shall be selected to be sentenced to imprisonment with prison labor at a strict warning level: Provided, That the execution of imprisonment with prison labor shall be postponed in consideration of the fact that the defendant has not been sentenced to imprisonment without prison labor or heavier punishment due to drinking driving, the defendant's age, occupation and economic condition, etc., but the execution of imprisonment with prison labor is required for the efficient control and supervision of the probation officer and the systematic education of compliance driving

b. It is so decided as per Disposition for more than one reason.

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