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(영문) 수원지방법원 평택지원 2013.03.27 2012고합164
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 7, 2009, the Defendant issued a summary order of KRW 8 million at the Seoul Central District Court due to a violation of the Road Traffic Act (driving). On April 25, 2012, the Defendant re-driving on a drinking ground at around 01:28, and was issued a summary order of KRW 2 million from the Suwon District Court on June 15, 2012 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 12, 2012, at around 08:20, the Defendant driven Cenz’s car at approximately 1 km from the front of the c channel in Pyeongtaek-si-dong to the front road of the mountain real estate located in Pyeongtaek-dong at the same time, under the influence of alcohol content of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is likely to be subject to criticism in that the defendant once again drives under drinking, although he/she had a record of criminal punishment twice due to drinking driving.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant was aware of the crime of this case and would not drive under the influence of alcohol again, and the fact that the defendant has no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, including the age, character, conduct and environment of the defendant.

It is so decided as per Disposition for the above reasons.

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