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(영문) 수원지방법원 평택지원 2014.03.19 2013고단1610
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 May 28, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Pyeongtaek District Court's Eunpyeong site, and on September 29, 2009, a summary order of KRW 2,50,000,00,000 as a fine for a violation of the Road Traffic Act was issued.

On November 1, 2013, the Defendant, while under the influence of alcohol at 0.103% of blood alcohol concentration on November 22, 2013, driven B K7 cars at approximately five meters from the parking lot to the front parking lot of the same restaurant from Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. On-going statements of a drinking driver, and inquiry into the results of the regulation 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 Act is that the defendant is driving a motor vehicle in a state of considerable drinking in spite of two times the same drinking driving skills, but it is not good to commit a crime. However, the defendant confessions the defendant and again does not drive a motor vehicle, there is no record of punishment higher than the fine, and there is no record of punishment higher than the fine, and the defendant's age, character and behavior, family environment, etc. are considered in light of various circumstances recorded in the records.

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