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(영문) 수원지방법원 평택지원 2013.10.17 2013고단1141

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 30, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 30, 2009, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Sejong District Court on September 7, 2012.

On June 21, 2013, at around 02:55, the Defendant driven a CM5 vehicle while under the influence of alcohol of about 0.104 percent of alcohol level from the 2-3 meters radius from the liberian front of Pyeongtaek-si to the same road in front of the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of a driver, report on the status of operating under the direction of a driver, and report on the status of a driver under the direction of

1. Inquiry into the enemy;

1. Previous records: The application of criminal records, inquiry and other 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. In light of the fact that the defendant committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.

However, the punishment shall be determined in consideration of various sentencing factors, such as the age, occupation, etc. of the defendant, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and a suspended sentence shall be imposed on the condition