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(영문) 대구지방법원 2019.09.18 2019고단3637
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of 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

On September 14, 2009, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court and the Daegu District Court on March 14, 201, and was sentenced to a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Daegu District Court on March 14, 201. On January 29, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the crime of violation of the Road Traffic Act.

Although the Defendant had a record of violating the prohibition of drinking driving under the Road Traffic Act, the Defendant driven Bp-car under the influence of alcohol at approximately 0.157% of alcohol level at the 1km section from the front of a cafeteria located in the mix in the Daegu East-gu, Daegu-gu to the front of the non-road street, around 00:40 on July 4, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and a written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has five times the number of penalties imposed as a traffic offender, such as drinking driving three times, and the defendant's family members and employees of the defendant are also present at the social request to eradicate the harm caused by drinking driving, and the current Road Traffic Act, which greatly strengtheneds the control standards and statutory punishment, re-undertakes the drinking driving, and the degree of blood alcohol concentration exceeds the criteria for cancellation of license, and the risk of re-offending is likely to be severe, making it necessary to issue a strict warning: Provided, That when the defendant who operates a small-scale automobile parts company is detained, the defendant's family members and employees are involved.

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