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(영문) 수원지방법원 평택지원 2014.05.09 2014고단340

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 16, 2006, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on November 16, 2006, and was sentenced to a fine of KRW 1.5 million in the same court on March 4, 2011, and was sentenced to a fine of KRW 1.5 million for the same crime.

On February 21, 2014, the Defendant, while under the influence of alcohol of 0.084% with blood alcohol level around 20:50, driving B freight vehicles at a section of approximately 100 meters from the 449-lane in the inner leuk-si and the inner leuk-si road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are as follows: (a) in light of the fact that the defendant drives a motor vehicle in the state of drinking by mistake, even though there are four times the records of criminal punishment of the same kind; (b) the defendant's act of driving the motor vehicle in the state of drinking; (c) the defendant's act of not driving the motor vehicle again recognized the facts charged of this case; (d) there is no history of having been sentenced to a fine higher than that of the defendant; and (d) the degree of drinking alcohol level of the defendant in this case; and