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(영문) 수원지방법원 평택지원 2013.04.10 2012고합277

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

[criminal power] The Defendant was issued, respectively, by the Seoul Central District Court, a summary order of a fine of 2 million won on July 19, 2006 and a fine of 3 million won on April 23, 2010.

【Criminal Facts】

On July 28, 2012, at around 02:25, the Defendant driven CFD car from approximately 500 meters to the front road of the Korean Industrial Complex located in the same Si-si in Pyeongtaek-si in the condition of alcohol concentration of 0.135%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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's reasons for sentencing of Article 62-2 of the Criminal Act, even though he/she had a history of criminal punishment twice due to drinking driving, the criminal liability of the defendant is not somewhat applicable.

However, the fact that the defendant seems to have led to the confession and reflect of the crime of this case, the fact that the defendant has no record of punishment exceeding the fine for the same kind of crime is considered as favorable to the defendant, and other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, shall be determined as ordered by taking into account

It is so decided as per Disposition for the above reasons.