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대구지방법원 김천지원 2016.11.09 2016고단1044

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 22, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 22, 2008. On December 2, 2009, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the same crime in the same court on December 2, 2009, and was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for the same crime in the same court on July

On June 12, 2016, at around 00:40, the Defendant driven B rocketing car with a blood alcohol concentration of 0.077% at a distance of 300 meters from the 300 meters from the front road of the Yeeeeeeng-si, Yedong to the front road of the same Yeeengdong.

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: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a summary order, etc.);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order have criminal records subject to multiple times due to drunk driving, and in particular, in around 209 and around 2012, the defendant has been sentenced twice until the suspended sentence has already been sentenced. In light of the behavior during which drunk driving has repeated, it is difficult to view that the defendant lacks compliance consciousness.

In light of this, there seems to be a need to impose a sentence on the defendant.

However, the execution of a sentence shall be suspended only once, considering the fact that the defendant recognized the crime of this case and seriously reflects the fact that the blood alcohol concentration of this case is not relatively high by 0.077%, and the overall sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., and the execution of a sentence shall be suspended at a time. However, in order to encourage the eradication of drinking driving, the period of suspension of execution shall be three years, and the probation and the crime corresponding to the