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(영문) 수원지방법원 평택지원 2013.10.17 2013고단1143
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 January 15, 2007, the Defendant was issued a summary order of KRW 7 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with respect to a violation of the Road Traffic Act, etc. on the site of Suwon District Court, and on March 9, 2009, with a fine of KRW 1.5 million with respect to a violation of the Road Traffic Act at the site of Suwon District Court.

On June 14, 2013, at around 22:50, the Defendant driven a B-V car owned by the Defendant with approximately 10 meters alcohol concentration of approximately 0.127% from the 10m section around Pyeongtaek-si Park to the front road of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Inquiry into the enemy;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports, and copies of each summary order;

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 committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.

However, the punishment shall be determined in consideration of various sentencing factors, such as the age, occupation, etc. of the defendant, 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 a suspended sentence shall be imposed on the condition

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