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(영문) 수원지방법원 평택지원 2013.11.07 2013고단697

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four 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 June 1, 2013, at around 23:33, the Defendant driven a B-car under the influence of alcohol content 0.113% from a section of approximately 200 meters, from the front of the Dorol Dorol, to the same Dorol Doroe Park in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the status of running a motor vehicle under consideration and on the status of standing a motor vehicle under consideration;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service criminal sentencing reasons under Article 62-2 of the Criminal Act: immediately after the Defendant received a summary order of a fine of three million won due to drunk driving, the Defendant again commits the instant crime of drinking alcohol, and the Defendant’s blood alcohol concentration at the time of committing the instant crime is relatively high, and thus, the criminal liability is not easy.

However, in addition to the fact that the defendant's age, occupation, and drunk driving have no criminal records, the defendant's probation and community service order shall be sentenced to discretionary mitigation, and probation and community service order shall be sentenced under the condition of probation and community service order.