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(영문) 수원지방법원 평택지원 2014.04.30 2014고단149
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 July 20, 2007, the Defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act at the Seoul Southern District Court on July 20, 2007, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on August 19, 201.

On January 25, 2014, at around 01:15, the Defendant driven the B car from approximately 100 meters to the front road of the branch office located in Pyeongtaek-si in the same Ri on the front of the branch office located in the same Ri on the post office located in Pyeongtaek-si, Bupyeong-gu, Seoul Special Metropolitan City, while under the influence of alcohol by 0.10% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Records before judgment: Application of criminal records, etc. and 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives a motor vehicle in the same drinking condition, even though there are two times of driving skills of the same kind, in light of the fact that the defendant is guilty of driving a motor vehicle in a considerable drinking condition, but the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his mistake, again, there is no history of punishment higher than the fine, and there is no history of punishment higher than the fine, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.

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