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(영문) 대구지방법원 2020.10.07 2020고단4259
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 2, 2020, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.207% in the 1km section from the Do of 18:18 Simsan to the front parking lot of C apartment Ddong, which was driven by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. The current Road Traffic Act, in which the regulatory standard and statutory punishment have been greatly strengthened due to the social request to eradicate harmful effects caused by drinking alcohol driving on the grounds of sentencing in Article 62-2 of the Probation Criminal Act, was implemented after the enforcement of the Road Traffic Act, and the punishment for the crime cannot be deemed to be less light in that the blood alcohol concentration exceeds the revocation standard: Provided, That the execution of the punishment shall be suspended in consideration of the fact that there is no criminal history of the same kind and imprisonment without prison labor or more, the revocation of the license, the fact that there is no criminal history, the fact that the defendant's age and economic condition, and the health condition of his/her spouse, but the systematic supervision and supervision of the probation officer will serve to prevent recidivism.

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