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(영문) 수원지방법원 평택지원 2014.10.24 2014고단1230
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 23, 2008, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Suwon District Court on the land site, and on February 3, 2012, the Defendant received a summary order of KRW 2.5 million for the same crime from the same court.

On July 31, 2014, at around 23:48, the Defendant driven BpD car with approximately 300 meters of alcohol level 0.08% while under the influence of alcohol level 0.08% from the front of the cafeteria cafeteria, which was located in Pyeongtaek-dong, to the front of the Jin apartment located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Criminal records, etc. inquiry reports, copies of summary orders, and application of Acts and subordinate statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle in the same drinking condition, even though there are two times of driving skills of the same kind, in light of the fact that the defendant, who recognized the facts charged in this case and took the attitude of reflecting his mistake, again, there is no history of punishment higher than the fine, and there is no record of punishment higher than the fine, the degree of drinking alcohol in this case, the age, character and conduct, family environment, etc. of the defendant, as ordered by the disposition.

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