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(영문) 수원지방법원 평택지원 2013.06.13 2013고단354

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On February 4, 2013, at around 23:53, the Defendant driven a benz car under the influence of alcohol level of about 10km from the 10km section to the road front of the same steel station located in Pyeongtaek-si from the front day of the Hosi-si to the same steel station located in Ansan-si.

2. On February 6, 2013, at around 23:18, the Defendant driven B benz automobiles with approximately 500 meters of alcohol alcohol concentration 0.083% under the influence of alcohol on the part of approximately 500 meters from the front side of the head of the “Titoi” line to the front side of the same steel line, which is under the influence of the Defendant, to the end of the same steel line.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving each driving under the influence of alcohol, and inquiry into the results of the control of driving under the influence of alcohol;

1. Application of Acts and subordinate statutes to requests for appraisal of blood alcohol concentration, and to reports on drinking drivers;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act reflects the Defendant’s recognition of each of the instant crimes. However, there was a record that the Defendant had already been sentenced to a fine due to drunk driving, as well as the Defendant’s suspension of execution due to the crime of fraud by using computers, etc., on September 8, 2011, the Suwon District Court sentenced ten months of imprisonment with prison labor and two years of suspended execution to September 16, 201.

In light of the fact that each of the above crimes was committed without being aware of during the term, a sentence to the defendant is inevitable.

On the other hand, in determining the sentence, the sentence is to be imposed in the same way as the order, taking into account the various factors of sentencing including the defendant's age, occupation, criminal records, criminal records, etc. in addition to the above factors of sentencing.