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(영문) 수원지방법원 평택지원 2014.10.22 2014고단1312

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 December 9, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Incheon District Court, and a summary order of KRW 3.5 million as a fine in the same court on August 30, 2010, respectively.

On July 28, 2014, while under the influence of alcohol at 0.221%, the Defendant driven a B LV car at a section of about 2 km from the Mangym of Pyeongtaek-si to the front day of the fifth parallel of Pyeongtaek-si Port at the same Eup/Myeon Pyeong Port 145.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed reports on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 fact that the defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, drives a motor vehicle in the same kind of drinking driving force at a considerable time despite the fact that he/she has driven a motor vehicle in a state of considerable drinking, the crime liability is unlimited, but the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his/her mistake, again, he/she has no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.