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(영문) 수원지방법원 평택지원 2014.07.17 2014고단623
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to ten months of imprisonment and two years of suspended execution on August 31, 2012 by the Suwon District Court on August 23, 2012, which became final and conclusive on August 31, 2012 and is currently under suspended execution.

【Criminal Facts】

On April 11, 2014, at around 23:02, the Defendant driven a bwing 2 vehicle under the influence of alcohol with blood alcohol content of about 0.176% from a section of approximately 200 meters from the 200m to the front road of the Dong-ro 3 apartment complex located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the regulation of driving under the influence of alcohol, and the report on the state of standing;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to judgments, etc.), two copies of judgment, one indictment, and one written opinion shall be applied to the Acts and subordinate statutes;

1. The reason for sentencing of Article 148-2(2)2 and Article 44(1) of the Road Traffic Act with regard to criminal facts and Article 148-2(2)2 of the Act on the Punishment of Criminal Crimes is as follows: (a) the Defendant, as stated in the judgment of the court below, was under the influence of driving a motor vehicle which is not under mandatory insurance (see the judgment on criminal records at the time of the death) while driving a motor vehicle; (b) caused an traffic accident involving passengers; and (c) committed the instant crime without being aware of the fact while under the probation condition, and again, committed the instant crime without being under the influence of probation; (d) the blood alcohol concentration is also higher than 0.176%; and (e) on November 20, 2013 during the probation period under the condition of probation, the Defendant was sentenced to a fine of 200,000 won from the Daejeon District Court's Branch Branch of the Daejeon District Court to a fine for violating the Road Traffic Act No. 421, and thus, the Defendant was subject to the Defendant’s license for larceny once.

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