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(영문) 수원지방법원 평택지원 2013.10.25 2013고단1058
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 1, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court’s House as of November 1, 201. On August 24, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the leisure branch of Suwon District Court.

【Criminal Facts】

1. On July 31, 2013, at around 23:55, the Defendant: (a) driven a BG car in the drunken state with approximately approximately 10k section from the 10km section to the road in front of the new fire station located in Pyeongtaek-si joint-dong, the central university inside the city of the Republic of Korea; and (b) drive the BG car under the influence of alcohol content of about 0.062%.

2. On August 14, 2013, at around 23:50, the Defendant: (a) driven a car in the state of alcohol with a blood alcohol concentration of about 0.098% from the 1k section to the front road of Pyeongtaek-dong, Seo-dong, Seo-dong, Seo-dong, Seo-gu, Seo-gu, Seo-gu, Seo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the results of regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 on probation and order to attend a lecture, despite the fact that the defendant had been punished three times due to the violation of the Road Traffic Act, and the same year after the control by drinking driving on July 31, 2013.

8. 14. Also, in that a person drives a motor vehicle under the influence of alcohol, his or her liability for the crime is minor.

subsection (b) of this section.

However, the fact that the defendant recognizes and reflects the crime, that there is no criminal record exceeding the fine, and that the defendant does not drive under the influence of alcohol again.

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