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(영문) 수원지방법원 평택지원 2014.10.24 2014고단1227
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 21, 2014, at around 01:20, the Defendant driven a B Sti-type car under the influence of alcohol by 0.224% in the 4km section from the front of the Pyeongtaek-si Tax Office, which is in the parallel-dong, to the front of the Gohap-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written appraisal of blood alcohol and a report on detection of a drinking driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant with reasons for sentencing under Article 62-2 of the Criminal Act of probation and order to attend a lecture has a history of criminal punishment several times due to the same violation of the Road Traffic Act, and the defendant drives a motor vehicle in the state of considerable drinking situation, there is no responsibility for the crime. However, the defendant seems to have the attitude of recognizing the facts charged in this case and reflecting his/her mistake, the defendant would not drive a motor vehicle again, there is no history of punishment for the same mistake after March 2006, and there is no history of punishment for the same kind of mistake, and other various circumstances shown in the records such as the defendant's age, character and behavior, home environment

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