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(영문) 수원지방법원 평택지원 2014.11.28 2014고단1571

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

[criminal power] On November 5, 2010, the Defendant received a summary order of KRW 2 million from the Suwon District Court on the site of Pyeongtaek District as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million from the same court on August 18, 2014, respectively, for the same crime.

【Criminal Facts】

Around 23:00 on September 3, 2014, the Defendant driven a B car from approximately 500 meters section to the front road of the modern apartment located in the Dong-dong in the same time, while under the influence of alcohol of 0.105% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of crackdown on drinking under the influence of alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant, who is punished twice due to drinking driving, etc., once again drives under the influence of alcohol. Therefore, the criminal liability is not weak.

Provided, That a suspended sentence shall be imposed on the condition of probation and community service order in consideration of the fact that the defendant is divided into crimes, there is no criminal record exceeding fines, and the family relationship of the defendant, etc.