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(영문) 수원지방법원 평택지원 2014.03.06 2014고단46
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 20, 2010, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site Board, and on March 9, 2011, the Defendant was issued a summary order of KRW 1 million with the same offense in the same court.

【Criminal Facts】

On October 24, 2013, at around 22:40, the Defendant driven B physical-man car with approximately 1k alcohol concentration 0.160% under the influence of alcohol on the 1k section from the front day of the death of the colon of Pyeongtaek-si to the high-priced in the military located in the same Si/Gun/Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking driving, inquiry into the results of the crackdown on drinking driving, and report on the state of drinking drivers;

1. A written appraisal of blood alcohol concentration;

1. Previous records: The application of criminal records, inquiry 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. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Social Service and Social Criminal Act, has already been punished four times due to drinking driving, etc., he/she again commits the above crime, the punishment for such crime is not less complicated.

However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing the crime and has no criminal records exceeding the fine, the fact that the defendant has no criminal records beyond the fine, and the risk of recidivism by transferring the vehicle, etc., and the suspension of execution shall

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