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(영문) 수원지방법원 평택지원 2015.02.06 2014고단1950
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 22, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 700,000,000 from the Suwon District Court on September 2, 2009, a fine of KRW 1.5 million as the same crime in the same court on September 2, 2009, and a summary order of KRW 5 million as the same crime in the same court on April 16, 2012.

On December 6, 2014, the Defendant, while under the influence of alcohol at 0.126% of blood alcohol concentration, driven a DNA strawl car from the Medin, which was located in the metado-Eup of the Ansan-si, to the front road of the KIN in the same Eup and the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: Criminal records, etc. inquiry reports and the application of the age applicable to each copy of each summary order;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the

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 Act is that the defendant drives the motor vehicle of this case in the state of considerable drinking in spite of three times the history of punishment for the same kind of drinking driving, in light of the fact that the defendant recognized the facts charged in this case and reflects his mistake, again, there is no record of punishment exceeding the fine imposed on the defendant, and there is no record of punishment imposed on the defendant, and other circumstances shown in the records such as the defendant's age, character and behavior, family environment.

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