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(영문) 수원지방법원 평택지원 2013.12.17 2013고단439
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 9, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) on January 9, 2008, a fine of three million won for a violation of the Road Traffic Act (driving) on December 7, 2009, and a fine of four million won for a violation of the Road Traffic Act (driving) on September 17, 2010.

On March 15, 2013, at around 23:13, the Defendant driven a C-wing vehicle with a blood alcohol concentration of about 0.090% from the front of the agricultural chemicals company located in the Dom-Eup, Do-si, Ansan-si, to the front road of the safe container located in the Dom-si, Ansan-si, Do-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

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 despite the fact that he had been already punished several times due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.

However, punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment, criminal records, etc. including the fact that the defendant is recognized to commit an offense and is seriously against the defendant in his/her detention for a considerable period, 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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