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(영문) 수원지방법원 평택지원 2013.04.12 2013고단218
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 17, 2013, the Defendant was under the influence of alcohol of 0.143% of blood alcohol concentration at around 01:15, the Defendant driven Bchier car at a section of approximately 1.5 km from the public parking lot located in Osan-si, Osan-si to the gyle-gradle distance in the gyle-grasium.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on September 19, 200 of the Act on Probation and Order to Attend the lecture is that the defendant has been sentenced to a fine of KRW 700,000,000,000,000 for the same crime on July 9, 2003, a fine of KRW 1 million for the same crime at the Suwon District Court on October 17, 2003, a fine of KRW 3 million for the same crime at the Suwon District Court on May 16, 2008, despite the fact that the same court received a summary order of KRW 2 million for the same crime of violation of the Road Traffic Act, it is reasonable to strictly punish the defendant in that he committed the crime of this case. However, the defendant seems to have violated the depth of the crime of this case, the fact that there is a large number of family members to support, and the fact that there is no other criminal records exceeding the fine.

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