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(영문) 수원지방법원 평택지원 2013.05.23 2013고단479
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 27, 2013, at around 05:40, the Defendant driven a B X-ray car owned by the Defendant from around approximately 200 meters away from the studio around which the name at which it is difficult to identify the source of the Pyeongtaek-si in Pyeongtaek-si to the Doro of Pyeongtaek-si, while under the influence of alcohol of 0.184% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on the status of drivers, and reports on the status of drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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

1. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the above crime again even though he had been already punished several times due to drinking driving, etc., it is inevitable to punish him accordingly.

However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant is recognized to commit the crime, and a suspended sentence shall be imposed on condition of probation and order to attend the course

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