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(영문) 수원지방법원 평택지원 2013.05.23 2013고단367

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 October 19, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of two million won or more for a violation of the Road Traffic Act, and on April 15, 2010, receiving a summary order of a fine of three million won or more for the same crime in the same court.

On March 8, 2013, at around 23:10, the Defendant driven the Bas-Cham under the influence of alcohol content of approximately 0.122% from the 3km section of approximately 3km to the Central Highway 313km (Sacheon Myeon) located in the same Dong and Dong from the original city of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the statement on the state of drinking drivers, and the report on the state of drinking driving;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (attached to a summary order)-related 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 sentencing reasons under Article 62-2 of the Criminal Act include the fact that the Defendant again committed the crime even though he/she had the record of punishment twice due to drinking driving, etc., but the Defendant is against the recognition of the crime, and the Defendant has no criminal record exceeding the fine, etc., and the sentence shall be determined by taking account of various sentencing factors, such as the Defendant’s age, occupation, family environment, etc., and the suspension