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(영문) 수원지방법원 평택지원 2014.08.13 2014고단840
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 March 9, 2010, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court on the ground of the violation of the Road Traffic Act, and by receiving a summary order of KRW 3 million as a fine from the Suwon District Court on April 24, 2013 at least twice.

At around 02:50 on May 16, 2014, the Defendant driven approximately 5 meters in order to park BMW car on the front side of the Seoul office in Pyeongtaek-si, while under the influence of alcohol 0.188% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records: Application of criminal records, etc. and other 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 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 the same drinking driving skills, and the criminal liability is unlimited, but the defendant appears to recognize the facts charged in this case and reflects his mistake. In other words, the defendant does not drive a motor vehicle again, there is no history of punishment higher than the fine, and there is no history of punishment higher than the fine, and other various circumstances shown in the record such as the defendant's age, character and behavior, family environment, etc.

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