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(영문) 대구지방법원 2019.10.16 2019고단4666
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 September 7, 2011, the Defendant received a summary order of KRW 1 million for the crime of violation of the Road Traffic Act from the Daegu District Court, and a summary order of KRW 1 million for the same crime from the Seoggu District Court Branch on July 16, 2018.

On October 29, 2019, the Defendant driven a E-car from the Do in front of the cafeteria C cafeteria located in Daegu Northern-gu to the Do in front of the Do to the Do in the Do in the direction of approximately 1 km, while under the influence of alcohol at 00:24% of the blood alcohol level.

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 of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of power);

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 Probation Criminal Act is the social request that the defendant would eradicate harmful effects caused by drinking driving under the same kind of force two times, and since the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, the responsibility for the crime is not less complicated, it is necessary to select imprisonment with prison labor as it requires severe warning: Provided, That the fact that there is no history of punishment of imprisonment without prison labor or heavier, the blood alcohol concentration level falls short of the criteria for cancellation of license, the fact that the child care center operated as the subsidy-based subsidy-based financial difficulties are committed after closing the child care center, the execution of the sentence is suspended in consideration of the defendant's age and occupation, but it seems that the strict management and supervision of the probation officer and the education of safe driving will be helpful to prevent recidivism. It is so decided as per Disposition on the grounds above.

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