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(영문) 수원지방법원 평택지원 2015.02.06 2014고단2033
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 December 17, 2014, at around 00:25, the Defendant driven B automobiles from the section of approximately 200 meters from the four galkin’s front road located in Pyeongtaek-si 106-2, to the Jindo road located in the same Ri, while under the influence of alcohol at 0.209% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

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

1. Article 148-2 (2) 1 of the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the same Act applicable to 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times due to the same kind of drinking driving, in light of the fact that the defendant drives the motor vehicle of this case in a considerable drinking situation at the same time, the liability for the crime is very unreasonable, but the defendant recognizes the facts charged in this case and reflects his mistake, again helps the defendant not to drive a drinking driving, there is no record of punishment heavier than the fine, and there is no record of punishment for the defendant, and other circumstances shown in the records such as the defendant's age, character and behavior, family environment, etc.

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