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(영문) 수원지방법원 평택지원 2014.06.19 2014고단384
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 21, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the Suwon District Court’s Eunpyeong site. On February 17, 2012, the Defendant was sentenced to a summary order of a fine of two million won. On February 17, 2012, the same court had been sentenced to imprisonment of eight months for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), damage to property, or a violation of the Road Traffic Act and two years for a suspended sentence. On March 18, 2014, the Defendant was driving at the same time under the influence of 0.157% under the influence of alcohol concentration from a section of approximately 150 meters to a road in front of the Pyeongtaek-dong National Bank of Pyeongtaek-dong, Pyeongtaek-si, which was located in the same city’s Pyeongtaek-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Previous convictions: Application of criminal records and investigation reports (reports attached to the same criminal records and investigation reports);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that there is no room for prior action in that the Defendant committed the instant crime even though he/she was already subject to a fine and a suspended sentence, etc.

Provided, That the punishment shall be mitigated in consideration of the fact that the defendant is led to the confession of the crime, and the punishment shall be determined as per the order.

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