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(영문) 대구지방법원 서부지원 2020.02.07 2019고단2059
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 August 29, 2019, the Defendant received a summary order of KRW 2 million from the Seogu District Court Branch on July 3, 2019 as a crime of violation of the Road Traffic Act (LA).

On July 27, 2019, at around 22:03, the Defendant driven a ecoc car with approximately 20 meters alcohol level 0.083% under the influence of alcohol level 0.083% from the front road of the Daegu Seo-gu Seoul Metropolitan Government apartment house from around 22:08 on the same day to the front road of the Daegu Seo-gu Seoul Metropolitan City apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Details of the management inquiry of the original report, details of the disposition failure and the results of confirmation, and application of Acts and subordinate statutes significantly to this court;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant does not repeat the crime by recognizing and opposing his/her mistake, and that there is no criminal record exceeding the fine (no particular criminal record exists other than the criminal record for the drunk driving) is favorable to the defendant.

On the other hand, as above, the Defendant, while driving under the influence of alcohol on July 3, 2019, repeated the instant drinking driving on about 24 days, and the fact that drinking water is high, is disadvantageous to the Defendant.

In addition, all other circumstances, such as the danger of drinking driving and the necessity for strengthening of punishment therefor, driving distance, details of crimes, circumstances after crimes, the prosecutor's punishment (two years of imprisonment) shall be determined as ordered.

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