(영문) 대구지방법원 2019.08.14 2019고단2530

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.08.14 2019고단2530

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On April 25, 2019, around 18:00, the Defendant driven an E rocketing car under the influence of alcohol level of 0.209% with a blood alcohol level of about 10 meters from the front of “C” located in Daegu-gu B to the front of the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

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

1. In light of the fact that the social interest in eradicating harmful effects caused by drinking and driving under the reason of sentencing in Article 62-2 of the Probation Criminal Act is concentrated, the sentence is suspended in consideration of the fact that blood alcohol level of the defendant at the time of the crime in the judgment, and that the degree of the defendant's blood alcohol level much exceeds the criteria for revocation of the license, and thus, the defendant's severe warning should be selected as imprisonment for severe warning: Provided, That even three times of criminal history, the execution of the sentence is suspended in consideration of the fact that the defendant's age, family environment, etc. was committed before 2006 and there was no punishment heavier than imprisonment without prison labor, and that the execution of the sentence is necessary to efficiently supervise and supervise the probation officer to prevent recidivism, and it is deemed that the probation officer's age

b. It is so decided as per Disposition for more than one reason.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

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