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(영문) 수원지방법원 평택지원 2013.04.10 2012고합307
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 4, 2008, the Defendant was issued a summary order of KRW 4 million by committing a violation of the Road Traffic Act, etc. at the Suwon District Court’s site source, and on October 7, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by committing a violation of the Road Traffic Act.

【Criminal Facts】

On July 11, 2012, at around 01:38, the Defendant driven a C-crare car under the influence of alcohol content of about 0.142% at approximately two meters at the 2m section of the so-called “cirical alcohol level,” from the front of the flive flive flive flive flives and the front of the flive flive flive flive flive flive flives

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has a history of criminal punishment on several occasions due to driving under the influence of alcohol, and in particular, in light of the fact that the defendant was sentenced to imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license) and committed the instant crime without being aware of it during the suspension period, and that the blood alcohol concentration in the instant case was higher than 0.142%, it is inevitable to sentence the defendant to a sentence.

However, the fact that the defendant seems to have led to confession and reflect, that the defendant must support alone the three-years and the first-years of elementary school and the second-years of middle school, and that the defendant suffers from a yellow disorder after divorce, is considered as favorable to the defendant.

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