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(영문) 수원지방법원 평택지원 2014.07.17 2014고단611
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

[criminal power] On September 1, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in the support of the Daejeon District Court of Daejeon District on September 1, 2008, and a fine of two million won as a fine from the Suwon District Court’s site to the same crime on February 3, 2012.

【Criminal Facts】

On May 1, 2014, at around 02:55, the Defendant driven a B lus vehicle while under the influence of alcohol with approximately 0.115% of the blood alcohol concentration from the 7km section from the front day of the restaurant to the lusium lusium in the fish industry complex located in Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Although the defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act has been subject to punishment twice due to drinking driving, etc., he/she once again drives the same crime in drinking condition, the punishment for such crime is not weak.

However, a suspended sentence shall be imposed in consideration of various sentencing factors, such as the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing a crime and is against a fine, the defendant has no criminal records exceeding a fine, and the risk of recidivism has been reduced by scrapping a vehicle, but the suspended sentence shall be imposed

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