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(영문) 수원지방법원 평택지원 2013.10.10 2013고단1110
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 4, 2011, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,000 for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, on September 29, 2011, a summary order of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s site, etc. on September 29, 201, and on June 29, 2012, on June 29, 201, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution for a violation of the Road Traffic Act, and on July 7, 2012, the said judgment became final and conclusive.

On July 13, 2013, at around 02:35, the Defendant driven a car as CBelgium in the state of alcohol with approximately 300 meters alcohol concentration of 0.226% from the section of about 300 meters, from the front day of the K Center in the Seo-si, Pyeongtaek-si to the front day of the 360-ro, Pyeongtaek-dong, Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Inquiry into the enemy;

1. The scene of each accident and photographs of related vehicles;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (reports on the same type of criminal records and attachment of judgments), each summary order, and application of statutes governing 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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been punished several times due to drunk driving, etc., as well as the fact that the defendant committed the above crime without being able to do so during the suspension period of execution due to the same kind of crime, the defendant's blood alcohol concentration is very high at the time of the crime, and the defendant committed a traffic accident while drunk driving, it is inevitable to sentence a sentence.

On the other hand, in determining the sentence, there are many kinds of circumstances such as the defendant's age, occupation and family relationship, etc., including the fact that the defendant, other than the sentencing factors mentioned above, is recognized as committing the crime and is against the defendant.

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