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(영문) 수원지방법원 평택지원 2013.03.27 2012고합161
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 4, 2007, the Defendant issued a summary order of KRW 500,000,000 as a crime of violation of the Road Traffic Act at the Cheongju District Court, and on February 19, 2008, a summary order of KRW 1,00,000,000,000,000,000 was issued for the same crime.

【Criminal Facts】

On April 21, 2012, at around 01:05, the Defendant driven a C observer car from the road front of Pyeongtaek-si located in Pyeongtaek-si to the front of the Korean Industrial Complex located in the same city, while under the influence of alcohol of 0.166% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act on probation and order to attend a lecture is likely to criticize the Defendant in that he/she once drives under drinking, even though he/she had a record of criminal punishment twice due to drinking driving.

However, considering the fact that the defendant seems to be aware of and reflect on the crime of this case, the fact that the defendant has no record of punishment exceeding the fine, etc. in favor of the defendant, and taking into account other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.

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