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(영문) 대구지방법원 2020.04.01 2019고단6566
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

On November 12, 2019, at around 01:30, the Defendant driven a FN-si car under the influence of alcohol content of about 0.256% at the section of about 11km from the Do before C University to the roads front of the e station located in Daegu Suwon-gu D. The Defendant driven a FN-si car under the influence of alcohol content of about 0.256%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the reports on the statement of the state of drinking drivers, the results of the control of drinking driving, and the written appraisal of blood alcohol;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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. In light of the social request that eradicates the harmful effects of drinking driving on the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the punishment should be chosen on the ground that the crime liability is not easy when comprehensively considering the fact that the control standard and statutory punishment are significantly strengthened after the implementation of the Road Traffic Act, the current Road Traffic Act and the current Road Traffic Act, the regulation is expected to be imprisoned at the new wall time, the degree of blood alcohol concentration exceeds the license standards, and the degree of blood alcohol concentration exceeds the license standards, etc.: Provided, That the execution of the punishment shall be suspended by taking into account the first and second crimes with no history of punishment, the defendant's age, occupation and family environment, etc., and the strict management and supervision of the probation officer to prevent recidivism will be helpful. It is so decided as per Disposition on the grounds above.

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