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(영문) 수원지방법원 평택지원 2014.04.23 2014고단238
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 May 28, 2004, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, on August 30, 2006, in the same court, the summary order of KRW 4 million as a fine for the same crime, etc., and on February 3, 2010, in the same court, the Defendant issued a summary order of KRW 2 million as a fine for the same crime.

On November 23, 2013, the Defendant, as seen above, driven a BM5 car under the influence of alcohol leveling 0.19% from approximately 5km to the front road of the Samsung apartment, which was located in Pyeongtaek-si via the parallel of Pyeongtaek-si on November 23 and around 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (Attachment of summary orders)-related 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 Act is that the defendant drives a motor vehicle in a state of considerable drinking in spite of the same kind of drinking driving force three times, the crime liability is unlimited, but the defendant is committed not to drive a motor vehicle again after recognizing the facts charged in this case, there is no record of punishment higher than the fine, and there is no record of punishment higher than the fine, and other various circumstances shown in the records, such as the defendant's age, character and behavior, family environment.

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