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(영문) 수원지방법원 평택지원 2014.05.21 2014고단390
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Eunpyeong Site as well as a summary order of KRW 1.5 million as a fine in the same court on December 3, 2010.

On March 13, 2014, at around 06:30, the Defendant driven a fluor car under the influence of alcohol leveling 0.209% of alcohol level 0.209% from the 800-meter section from the front day of the fluoring hotel located in Pyeongtaek-si fluorri, to the front day of the glusium located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographs (diculic photographic photograph);

1. Inquiry into the enemy;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant drives a motor vehicle in a state of considerable drinking in spite of two times the same drinking driving skills in the same way, the criminal liability is unlimited, but the defendant again acknowledges the facts charged in this case and does not drive a motor vehicle again, the defendant has no record of being sentenced to a fine higher than that of the defendant, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc., are considered and judged as ordered.

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