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(영문) 수원지방법원 평택지원 2014.08.28 2014고단856
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On October 29, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act, on July 11, 2012, the Defendant was sentenced to a fine of KRW 6 months for a violation of the Road Traffic Act at the Suwon District Court’s Sejong District Court’s Eunpyeong Site. On October 30, 2013, the Defendant completed the execution of the sentence.

【Criminal Facts】

On June 6, 2014, around 23:04, the Defendant driven a B New-Woon-Wood car with approximately 300 meters alcohol concentration of approximately 0.124% in a 300-meter radius from around the 2nd Tong-ro 26-gil to the Tongdo-do-do-do-do-ro.

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 control of drinking under the influence of alcohol;

1. Records before and after judgments: Criminal history records, investigation reports (report on results of confirmation of the previous disposition, records of drinking driving twice and confirmation of repeated crimes), summary order, written judgments, and the current status of personal identification and confinement, shall apply to 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. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the Defendant has been sentenced two times to suspended sentence due to the same kind of crime, etc., and since he/she once was sentenced to imprisonment with prison labor due to drinking and driving without a license, he/she again was under the influence of alcohol concentration of 0.124% during the period of a repeated crime for which eight months have not yet passed after he/she was sentenced to imprisonment with prison labor due to drinking

On the other hand, in determining the punishment, considering various factors of sentencing, such as the defendant's age, occupation and family environment, such as the defendant's age, occupation, status of dependent family, etc., the sentence is to be sentenced to a limited sentence of statutory punishment. It is so decided as per Disposition.

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