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(영문) 수원지방법원 여주지원 2013.04.19 2012고단994
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 19, 2012, the Defendant, while under the influence of alcohol of 0.071% from blood alcohol level around 21:35, operated B Poter truck at a section of approximately 200 meters from the roads to the front of a new hospital located in the same Eup/Myeon after a bus terminal located in the So-ri-gu, Innju-gun, Innju-gun, Seoul, to a new hospital located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on checking the results of the regulation of drinking drivers, and the statement on the status of drinking drivers;

1. The reason for sentencing of Article 148-2(2)3 and Article 44(1) of the Road Traffic Act, which is applicable to the crime, has a large number of alcohol driving and driving without a license, and the defendant was sentenced to a suspended sentence for the crime of driving without a license in 2008 and was sentenced to a fine two times or more even though he was sentenced to a suspended sentence during the suspended sentence period.

Nevertheless, it is inevitable to sentence the defendant to a sentence on the ground that the defendant is not a person and is also under the influence of drinking.

Provided, That the same type of punishment as the order shall be determined in consideration of the fact that the drinking water of the defendant is relatively low and that the defendant supports his/her married couple by alone.

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