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(영문) 대구지방법원 2020.09.15 2020고단3166
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On June 27, 2016, the Defendant was sentenced to a fine of KRW 6 million for a crime of violation of the Road Traffic Act at the Jeju District Court, and on March 30, 2016, the same court issued a summary order of KRW 3 million for the same crime, and on November 23, 2006, the Busan District Court issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

On May 30, 2020, at around 17:29, the Defendant driven D car under the influence of alcohol 0.102% in a section of about 40km from the front of a cafeteria located in the Cheongwon-si, Changwon-si, to the front road located in C in the window B of Changwon-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Previous records of judgment: Application of three separate Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The defendant, even though he had a record of punishment several times due to drinking driving, was driving at once again after the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory penalty.

Drinking driving is a traffic accident.

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