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(영문) 수원지방법원 평택지원 2013.05.09 2013고단350
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

On January 21, 2011, the Defendant was issued a summary order of KRW 4.5 million with a fine of KRW 4.5 million with a charge of violating the Road Traffic Act, etc. at the Suwon District Court, and on March 30, 2011, the Defendant was issued a summary order of KRW 7 million with a fine of KRW 3 million with a charge of violating the Road Traffic Act.

On March 15, 2013, at around 22:50, the Defendant driven a Bra vehicle owned by the Defendant under the influence of alcohol leveling 0.22% from approximately 20 meters in the section of approximately 20 meters of alcohol level to the Pyeongtaek apartment located in Pyeongtaek-dong, Seo-dong, Seo-dong, Seo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the actions taken against drinking drivers, and the report on the status of drinking drivers;

1. Inquiry into the enemy;

1. A previous conviction: An inquiry report, the ordinary records of disposition, the results of confirmation, and the application of 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the above crime despite the past record of punishment twice due to drinking driving, etc., and that the Defendant’s blood alcohol concentration at the time of the above crime is very high, etc.

However, the punishment shall be determined in consideration of various sentencing factors, such as 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, etc., and the suspension of execution is to be sentenced on the condition that

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