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(영문) 수원지방법원 평택지원 2014.11.06 2014고단1125
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

[criminal power] On June 26, 2008, the Defendant received a summary order of KRW 1,00,000 from the Suwon District Court as a crime of violation of the Road Traffic Act (driving of Drinking), and on August 26, 2008, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court as a crime of violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

On July 30, 2014, at around 00:53, the Defendant driven a B low-speed car with a blood alcohol content of about 400 meters from the front of Pyeongtaek-si Station located in Pyeongtaek-si, Gyeonggi-do to the front road of the Korea Industrial Complex located in the same Si-dong.

Summary of Evidence

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, for the reason of sentencing under Article 62-2 of the Social Service and Social Criminal Act, committed the above crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for such crime is not somewhat weak;

However, the probation and community service order should be suspended on the condition of probation and community service order, considering various sentencing factors, including 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.

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