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(영문) 수원지방법원 평택지원 2014.08.06 2014고단774
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 February 1, 2007, the Defendant received a summary order of KRW 700,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act, and on February 1, 2012, from an Ansan District Court, a summary order of KRW 5 million to a fine for a violation of the Road Traffic Act was issued.

On May 17, 2014, at around 01:30, the Defendant driven a B freight vehicle with approximately 30 meters of the width of the apartment house in the Gyeongnam-do located in the same city in the vicinity of the public playgrounds located in Pyeongtaek-si joint-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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 of driving skills of the same kind, in light of the fact that the defendant is guilty of driving a motor vehicle in a considerable drinking condition, but the defendant seems to have the attitude to recognize the facts charged in this case and to reflect his mistake, again, there is no history of punishment higher than the fine, and there is no history of punishment higher than the fine, and other circumstances shown in the record, such as the defendant's age, character and behavior, family environment, etc.

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