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(영문) 수원지방법원 평택지원 2014.08.27 2014고단857
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 31, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court as a crime of violating the Road Traffic Act, and on April 20, 2010, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act from the Suwon District Court’s Eunpyeong Site.

On June 6, 2014, at around 05:00, the Defendant driven a Doba car in the state of alcohol with approximately 240 meters alcohol concentration of about 0.172% from the 240m section from the front of the Dobadong Doba apartment to the road of about 57 Doba-ro Doba-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives a motor vehicle in the same kind of drinking driving force twice in a considerable drinking situation. However, in light of the fact that the defendant recognized the facts charged in this case and took an attitude against his mistake, the defendant again helps the defendant not to drive a motor vehicle, there is no record of punishment exceeding a fine due to the same mistake, and there is no record of punishment exceeding a fine due to the same mistake, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc., it is decided as ordered

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