(영문) 대구지방법원 2020.06.10 2020고단1202

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Reasons

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자간(%)

(영문) 대구지방법원 2020.06.10 2020고단1202

도로교통법위반(음주운전)

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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

At Daegu District Court, the Defendant received a summary order of KRW 1 million on April 23, 2007, and the summary order of KRW 1 million on July 11, 2014, respectively.

On February 15, 2020, at around 22:50, the Defendant driven a clance car under the influence of alcohol concentration of about 0.104% from the 7km section to the front road of the building in Busan Metropolitan City, from the Do near the ancient Station located in the Daegu Suwon-gu.

Accordingly, the defendant violated the prohibition of drinking driving more 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: Criminal records, reply reports on criminal records, application of Acts and subordinate statutes to prosecution investigation reports;

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. The probation officer's choice of imprisonment with prison labor is required to give severe warning in light of the following: (a) although the record of driving under the influence of alcohol is three times the reason for sentencing under Article 62-2 of the Criminal Act; (b) the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment after the enforcement of the Road Traffic Act; (c) the degree of blood alcohol concentration exceeds the revocation standards; and (d) the degree of the crime is likely to lead to the reduction of the license; and (e) the risk of recidivism is unlikely to occur, considering the fact that there is no history of punishment of imprisonment without prison labor or heavier; and (e) the execution of the punishment is suspended in consideration of the defendant's age, occupation, family environment, etc., but it seems that the strict management and supervision of the probation officer will assist the prevention of recidivism; and (e) the probation officer's strict supervision and supervision is imposed on the grounds above

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