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(영문) 수원지방법원 2013.04.11 2012고합927
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 July 16, 2012, at around 19:20, the Defendant driven the C-wing 3 plug in the section of approximately 3 km from the 3km to the front threek distance of the hacket, which is in the hacket of the hacket of the hacket of the hacket of the hacket of 0.20% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver and the report on detection of a host driver (Evidence No. 5 and No. 6);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of the punishment under law] from six months to one year and six months of imprisonment [the sentence] under the current Road Traffic Act, the current Road Traffic Act imposes imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than five million to not more than ten million won, by providing that the person who drives a motor vehicle shall be punished by imprisonment with prison labor for not less than three years or by a fine not less than five million to not more than ten million won while under the influence of alcohol. Considering the fact that the defendant was under the influence of the punishment for driving two times prior to the instant case, the defendant is not subject to strict punishment.

However, the punishment against the defendant shall be determined by taking into account the facts that the defendant has recognized all of his crimes, that there is no criminal conviction against the defendant, that there is no record of punishment for drunk driving after around 2008, and all other circumstances revealed in the arguments in this case, such as the defendant's age, character and conduct, family environment, etc., and the above punishment shall be limited to

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