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(영문) 수원지방법원 평택지원 2014.01.03 2013고단1486
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 September 29, 2013, the Defendant driven a B Poter freight vehicle from around 800 meters to the front of the military literature in the front of the apartment complex of Pyeongtaek-si, which is located in Pyeongtaek-si, with a blood alcohol concentration of 0.148% around 22:25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the situation of running a driving on the drinking house and the circumstantial statement of a drinking driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The fact that the defendant has a record of being punished several times for drinking driving (one time of imprisonment and one time of suspended execution), and that the blood alcohol concentration of this case is high in the reason of sentencing in Article 62-2 of the Criminal Act, the responsibility for the crime is not minor;

However, a suspended sentence shall be imposed only once in consideration of various sentencing conditions shown in the records, such as the fact that the defendant recognized the crime and reflects it, and that there is no criminal record during the last five years, and probation, etc. is also ordered to prevent recidivism.

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