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(영문) 수원지방법원 평택지원 2014.11.21 2014고단1611
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 August 6, 2010, the Defendant received a summary order of KRW 2,00,000,000 as a fine for a violation of the Road Traffic Act from a Suwon District Court’s Eunpyeong site, and on December 16, 2010, received a summary order of KRW 2,50,000,00 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Pyeongtaek Site.

On October 8, 2014, at around 22:59, the Defendant driven a 1 km B truck with approximately 1 km from the upper road in front of the large-scale traffic in Pyeongtaek-si Dong, Pyeongtaek-si to the front road in front of the large-scale traffic in the Dong of Pyeongtaek-si to the same city, while under the influence of alcohol of 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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, with the reason of sentencing under Article 62-2 of the Criminal Act, drives a motor vehicle in the same kind of drinking driving force at a considerable time despite the fact that he/she has driven a motor vehicle in a state of considerable drinking, his/her criminal liability is unlimited, but the defendant seems to recognize the facts charged in this case and to reflect his/her mistake. In other words, he/she helps the defendant not to drive a motor vehicle, and there is no record of punishment higher than the fine, and other circumstances indicated in the record, such as the defendant's age, character and behavior, family environment, etc

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