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(영문) 수원지방법원 안산지원 2014.04.15 2014고단462
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 5, 2014, at around 18:23, the Defendant driven a B-T truck under the influence of alcohol content of about 1.5 km from the front side of the restaurant for “B-Tish” in the vicinity of the forest dong in Silung-si, Silung-dong to the road adjacent to the forest 85-3, Silung-dong, Silung-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the circumstantial statement of a drinking-powered driver, report on detection of a drinking-powered driver, and statutes governing drinking-powered machine;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant has already been punished four times until 2004, and the Defendant continues to drive a motor vehicle under the influence of alcohol even though he/she had a history of punishment due to the refusal to take a drinking test on two occasions at around 2009, such as having a history of punishment for the same kind of force related to drinking driving. Therefore, it is necessary to punish

However, at the time, the mother of the defendant was in a critical condition, and the defendant seems to have been able to lead to the crime of this case while living under the influence of alcohol by drinking his wife, and the defendant will be able to suspend the execution of imprisonment only once in consideration of all other circumstances such as the age, family relationship of the defendant.

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