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(영문) 수원지방법원 평택지원 2013.07.25 2013고단772
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 April 25, 2011, the Defendant issued a summary order of KRW 2.5 million on the site of Suwon District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act, and on December 16, 201, the same court issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act.

Around 07:40 on June 5, 2013, the Defendant driven a B-low-income car at approximately 6km from the front road of Pyeongtaek-si in the Doro of Pyeongtaek-si, which is located in Pyeongtaek-si, Jung-gu, Eup, Seoul, up to the front road of the G-si 830, under the influence of alcohol with a blood alcohol concentration of 0.20%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the blood appraisal report, and report on the status of driving a motor vehicle under consideration;

1. Inquiry into the enemy;

1. Previous records: Application of inquiry reports and investigation reports (limited to the same criminal records and attachment of the judgment);

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 again committed the above crime even though he had the record of punishment twice due to drinking driving, and that the Defendant’s blood alcohol concentration at the time of committing the crime is relatively high, the criminal liability is not weak.

However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation and family environment, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the suspension of execution is to be sentenced on the condition that

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