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(영문) 수원지방법원 평택지원 2014.11.28 2014고단1574
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

[criminal power] On December 18, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act, and on December 31, 2010, issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek District Court’s Eunpyeong District Court’s ordinary site, and on May 31, 201, issued a summary order of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court’s ordinary site as a matter of violation of the Road Traffic Act.

【Criminal Facts】

On October 10, 2014, at around 00:10, the Defendant driven a car owned by the Defendant in the state of alcohol of about 300 meters alcohol concentration from around 0.083% from around 900 meters to the front road from the Gyeong-dong 903 Hanpo-dong, Seopo-dong, Seopo-si to Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of crackdown on drinking under the influence of alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 on probation and community service order is that the defendant, who has been punished 6 times for drunk driving, etc., once again drives under the influence of alcohol, the criminal liability is heavy.

However, a suspended sentence shall be imposed on the condition of probation and community service order in consideration of the fact that the defendant is divided into crimes, that there is no record of crime exceeding fines, that drinking water is relatively high, and that the defendant's family relationship and occupation, etc. are considered.

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