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(영문) 수원지방법원 평택지원 2014.08.07 2014고단757
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2011, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Pyeongtaek District Court on August 5, 2011, and was subject to a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) from the Suwon District Court’s House on August 5, 201. On May 5, 201, the Defendant driven a motor vehicle owned by the Defendant under the influence of alcohol concentration of KRW 0.098% in a section of approximately 500 meters from the ambalon to the direction of the “Korea Eta” located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

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

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 there is no room for the wife in that the defendant was punished twice for the same kind of crime in the short term, but there is no room for the defendant to commit the crime in this case. However, the defendant's confessions, there is no past record of punishment exceeding the fine, a sufficient rest after drinking, a short distance of about 500 meters after driving a sufficient rest after drinking, and so, drinking water has been measured because he was not completely cured, and there are some circumstances that can be considered in light of the circumstances, and the punishment as ordered in the above order shall be determined in consideration of the defendant's age, character and conduct, circumstances after the crime.

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