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(영문) 대구지방법원 2020.05.13 2020고단139
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

[criminal power] On March 13, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Seo-gu District Court Branch Branch of the Daegu District Court, and on February 14, 201, the Defendant was issued a summary order of KRW 4 million as the same crime at the Daegu District Court.

【Criminal Facts】

On December 17, 2019, at around 07:58, the Defendant driven a Dco or car while under the influence of alcohol with approximately 0.165% alcohol concentration from the 4km section from the 07:58 north-gu, Daegu Northern-gu to the front road of the same Gu B C.

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 situation of a drinking driver, investigation report (report on the status of a drinking driver), notification on the results of the control of drinking driving, the register of driver's licenses for automobiles, and the next inquiry;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of suspect-like records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing does not apply to the sentencing criteria. 2. The reason for sentencing was that a citizen who suffered a traffic accident caused by drinking driving on September 25, 2018 was missing from brain death and that a case which eventually lost his/her life occurred.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Drinking driving shall be caused by a serious loss of human life.

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