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(영문) 수원지방법원 평택지원 2014.07.17 2014고단620
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

[criminal power] On September 29, 2005, the Defendant received a summary order of one million won or more for a violation of the Road Traffic Act from the Suwon District Court on September 29, 2005; on December 15, 2008, a summary order of one million won or more for a violation of the Road Traffic Act; on September 24, 2010, in the same court on September 24, 201, a summary order of three million won or more for a violation of the Road Traffic Act; and on July 24, 2011, a person who received a summary order of 3.5 million won or more from the same court on July 24, 201.

【Criminal Facts】

On April 7, 2014, at around 23:45, the Defendant driven a motor vehicle with DNA-fash-baculing 0.127% alcohol concentration at approximately 900 meters away from the street in front of the Sinsung-dong, Ansan Medical Center to the street in front of the same Sincheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to previous records and court rulings), application of Acts and subordinate statutes of four copies of judgment;

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 Social Service Order Criminal Act, despite the fact that the defendant had already been punished four times due to drinking driving, etc., he/she was driving again in the drinking state, so the punishment for such crime is not less complicated.

However, a suspended sentence shall be imposed in consideration of various sentencing factors, such as Defendant’s age, occupation, family environment, criminal records, etc., including the fact that the Defendant is recognized as committing the crime and is against the Defendant, the Defendant has no criminal records exceeding the fine, the vehicle scrapping and the risk of recidivism has been reduced by moving to the workplace. However, the suspended sentence shall be imposed on the condition that

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