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(영문) 대구지방법원 2020.10.21 2020고단4253
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 12, 2010, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 6, 2020, at around 23:00, the Defendant driven a DM3 car in the state of alcohol alcohol concentration of about 0.120% from the front side of the Daegu North-gu apartment house to the front side of the Daegu North-gu Seoul Northern-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driving, report on the state of his driving, report on the state of his driving, inquiry into the results of the crackdown on drinking and driving, the register of driver’s licenses, and making an inquiry into the

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Binding of summary orders for sound driving - Application of Acts and subordinate statutes);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

The result of drinking driving is serious human life damage.

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