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(영문) 수원지방법원 평택지원 2014.07.16 2014고단644
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

The Defendant was sentenced to a fine of KRW 1.5 million at the Suwon District Court on September 19, 2008, and a fine of KRW 5 million on July 13, 201 by the Seoul Central District Court on July 13, 201.

On April 4, 2014, at around 01:30, the Defendant driven the said vehicle from the front side of the K6 galung-Eup in Pyeongtaek-si to the front side of the galungsung-Eup in the galseong-si stability, with the alcohol concentration of 0.150%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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 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 the same drinking condition, even though there are two times of driving skills of the same kind, in light of the fact that the defendant is guilty of driving a motor vehicle in a considerable drinking condition, but the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his mistake, again, there is no history of punishment higher than the fine, and there is no history of punishment higher than the fine, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.

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