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(영문) 수원지방법원 평택지원 2015.07.29 2015고단841
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 May 20, 2015, at around 05:30, the Defendant driven B rocketing car under the influence of alcohol with approximately KRW 1.5 km alcohol concentration of 0.247% from the front of the “Korea Electric Power Corporation” road located in Pyeongtaek-dong, Pyeongtaek-dong to the front of the “Crop convenience store” located in the same city 656 East-dong 656.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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 Criminal Act, was punished for driving a motor vehicle in the same kind of drinking driving, even though there is a history of driving a motor vehicle in a considerable drinking situation, the crime liability is unlimited, but the defendant is likely to recognize the facts charged in this case, reflect and not repeat his/her mistake, and there is no record of punishment exceeding the fine, and other circumstances recorded in the records, such as the defendant's age, character and behavior, family environment, etc., are considered as ordered.

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