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(영문) 대구지방법원 2021.03.17 2020고단6486
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Daegu District Court on January 22, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act on January 22, 2007, and a summary order of KRW 2 million for a crime of violating the Road Traffic Act on February 2, 2012, and was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act on January 18, 2018 and a crime of violating the Road Traffic Act on January 18, 2018.

Although the Defendant had the history of violating the provision prohibiting driving of alcohol under the Road Traffic Act, the Defendant driven a E G4 U.S. car under the influence of alcohol leveling 0.052% from the Do in front of the “C” located in Daegu Northern-gu, Daegu Northern-gu, Seoul, about 10km to the front side of the D, G-4 U.S., G4 U.S. car under the influence of alcohol leveling to approximately 0.052% in the 10km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in driving, inquiry into the results of crackdown on the driving of alcohol, and report on investigation by the prosecution (precination of alcohol concentration among the suspect's blood);

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report (related criminal records and confirmation of suspect)-related Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of main driving) of the relevant Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is three times (including once a suspended sentence), in full view of the fact that the control standard and statutory punishment were significantly strengthened after the enforcement of the Road Traffic Act, and the fact that it seems that the control seems to have been applied to the Han River, and that the risk of recidivism is likely to occur, a serious warning is required, and the imprisonment is chosen by taking into account the fact that the alcohol concentration level in blood falls short of the license cancellation criteria, and that it is difficult to repeat the crime by self-esteeming through the prevention of drinking driving and community service activities.

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