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(영문) 수원지방법원 평택지원 2014.11.26 2014고단1524
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 February 18, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million due to the same crime, etc. in the same support on August 5, 201.

On October 11, 2014, at around 20:33, the Defendant driven a B-to-car car from the front side of the Ansan Elementary School located in the G-to-si under the influence of alcohol 0.227% of the blood alcohol concentration of 0.27%, to the front side of the Corporation apartment 102, located in the same City-to-si Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 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 in Article 62-2 of the Criminal Act, drives a motor vehicle in the same kind of drinking driving force (three times of fine, one suspended sentence), even though it has been four times or more (one time of suspension of execution), there is no liability for the crime. However, the fact that the defendant recognized the facts charged in this case and reflects his mistake, the defendant helps the defendant not to drive a motor vehicle again through the treatment of alcohol, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, are considered.

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