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(영문) 수원지방법원 평택지원 2014.11.27 2014고단1494
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 February 4, 2008, the Defendant received a summary order of KRW 1 million for the crime of violation of the Road Traffic Act from the Suwon District Court’s Eunpyeong site, and on February 2, 2012, the Defendant received a summary order of KRW 1 million for the same crime in the same court, and on September 5, 2014, issued a summary order of KRW 5 million for the same crime in the same court.

On September 3, 2014, the Defendant was under the influence of alcohol of 00:47% of blood alcohol concentration of 0.060%, and the Defendant was driving a vehicle with approximately KRW 1km from the B B from the intersection to the roads of the same city-to-si branch.

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 convictions in judgment: Application of two copies of criminal records and summary order under the 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 criminal responsibility of the instant crime is heavy in light of the fact that the Defendant committed the instant crime even though he/she had three times the history of punishment for drinking driving under Article 62-2 of the Social Service Order Criminal Act.

However, a punishment shall be determined by taking into account various sentencing factors, such as the defendant's age, occupation, family relationship, etc., where the defendant is recognized as committing a crime and reflects the fact that the defendant has no criminal records exceeding the fine, the risk of recidivism has been reduced by transferring the vehicle, including the blood alcohol concentration in this case, and the defendant's age, occupation, family relationship, etc.,

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