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(영문) 대구지방법원 2020.08.19 2020고단2285
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The execution of the above punishment against the defendant for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 11, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and KRW 1 million by the same court on September 20, 2010, respectively.

【Criminal Facts】

On April 3, 2020, the Defendant driven an EMW vehicle under the influence of alcohol by 0.206% from the section of approximately 31km from the 19:47 to the front road of D in the north-gu, Gyeongpo-gu, Gyeongpo-gu, Gyeongpo-gun, Gyeongpo-gun, the Defendant driven an EM vehicle under the influence of alcohol by 0.206%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The legal statement of the accused, the report on the state of his driving, the investigation report (report on the state of his driving), the notification of the results of the drinking driving control, the report on the register of driver's licenses, the inquiry into the results of the drinking driving control, and the inquiry into the results of the driving

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

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;

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

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.

The drinking driving itself can lead to a serious loss of human life.

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