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(영문) 수원지방법원 평택지원 2013.04.25 2013고단356
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 February 13, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on April 23, 2010, issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court.

피고인은 2013. 2. 19. 23:30경 평택시 팽성읍 안정리에 있는 상호불상의 칵테일 바 앞 도로에서부터 평택시 팽성읍 송화리에 있는 팽성초등학교 앞 도로에 이르기까지 약 1km 구간에서 혈중알코올농도 0.161%의 술에 취한 상태로 B 엑센트 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, a report on the status of running a motor vehicle under consideration, and a report on the status of the driver under consideration;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) 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. In light of the fact that the defendant committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.

However, a sentence shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, etc., including the fact that the defendant is against the recognition of the crime, and the suspension of execution shall be sentenced on the condition that the order

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