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(영문) 수원지방법원 평택지원 2014.01.23 2013고단1577
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 April 1, 201, the Defendant received a summary order of KRW 2 million from the Suwon District Court as a crime of violation of the Road Traffic Act, and KRW 2 million from the same court on June 15, 201 as a crime of violation of the Road Traffic Act.

On October 18, 2013, at around 22:34, the Defendant driven B K5 cars under the influence of alcohol with approximately 1.5 km of blood alcohol concentration of about 0.093% from the front side of the indoor packing flap, which is located in the Dobong-si in Ansan-si, Ansan-si to the front side of the Hansung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) 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. In light of the fact that the defendant, for sentencing reasons of Article 62-2 of the Criminal Act, committed the crime again even though he had the record of punishment several times due to drinking driving, etc., the liability for such crime is not weak.

However, punishment shall be determined by taking into account various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the defendant's recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and a suspended sentence shall be imposed on the condition that

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