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(영문) 수원지방법원 평택지원 2014.08.20 2014고단697

도로교통법위반(음주운전)

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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 March 2, 2009, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 2.5 million by the same court on January 4, 2012, respectively.

On February 17, 2014, when the Defendant was under the influence of alcohol at 0.132% on blood alcohol level, the Defendant was driving a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives a motor vehicle of the same kind in a state of drinking driving at a considerable time, even though there are two times the same driving skills, and the defendant seems to have the attitude of recognizing the facts charged in this case and against his mistake. The defendant helps the defendant not to drive a motor vehicle again after disposing of the motor vehicle in this case, there is no history of punishment higher than the fine, and there is no history of punishment higher than the fine, and other circumstances shown in the records such as the defendant's age, character and behavior, family environment, etc. are considered as the disposition