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(영문) 대구지방법원 2020.04.08 2020고단223
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

In the Daegu District Court on October 24, 2007, the Defendant has been notified of each summary order of KRW 3 million due to the crime of violation of the Road Traffic Act (driving) at the Daegu District Court on January 18, 2008, the fine of KRW 2 million due to the crime of violation of the Road Traffic Act (driving) at the Seogu District Court on January 18, 2008, and the fine of KRW 2 million due to the crime of violation of the Road Traffic Act (driving) at the Daegu District Court on March 24, 2010 at the Daegu District Court on March 24, 201.

On December 21, 2019, at around 05:41, the Defendant driven a motor vehicle from the French-gu, Seo-gu, Seo-gu, to the front road of Jung-gu, Jung-gu, about 500m alcohol level 0.067% under the influence of alcohol level 0.067%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

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: Application of criminal records, references to criminal records, prosecution investigation reports (report accompanied by a summary order attached to the punishment records of the same kind of crime);

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. While Article 62-2 of the Criminal Act on Probation has three times the history of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, in full view of the fact that the control standard and statutory punishment have been significantly strengthened after the implementation of the current Road Traffic Act, and that the driving of a drunk driving is expected to be driven by the extreme gap during the new wall hours, the person who is responsible for the crime shall be selected to be sentenced to imprisonment. However, the execution of the sentence shall be suspended by taking into account the fact that there was no record of being discovered by drunk driving in the last ten years and there was no history of being punished by imprisonment without prison labor or heavier, and that there was no age and occupation of the defendant, and that the strict management and supervision of the probation officer for the prevention of recidivism will be helpful.

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