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(영문) 수원지방법원 평택지원 2013.11.21 2013고단1287

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Eunpyeong Site as well as a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the same court on April 30, 208.

피고인은 2013. 8. 7. 21:01경 혈중알코올농도 0.061%의 술에 취한 상태에서 평택시 포승읍 내기리 소재 상호 불상의 식당 앞길에서 위 포승읍 석정리 석정굴다리 앞길까지 D 포르테쿱 승용차를 약 200m 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, the report on the state of standing of a driver under the influence of alcohol, and the report on the

1. Inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and 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 defendant's age, occupation, and criminal records, 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 the suspension of execution shall be sentenced on the condition that