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(영문) 수원지방법원 평택지원 2015.01.07 2014고단1717
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:00 on October 7, 2014, the Defendant driven B automobiles from the 2km section from the Do in front of Pyeongtaek-si apartment at Pyeongtaek-si, to the front road of Pyeongtaek-si, in the Pyeongtaek-si, while under the influence of alcohol by 0.208% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Relevant Article 148-2 (2) 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle in the same drinking condition even though he/she had the same ability to drive a motor vehicle, in light of the fact that he/she drives a motor vehicle in the same drinking condition at the same time, there is no responsibility for the crime, but the defendant recognizes the facts charged in the instant case and reflects his/her mistake, again, he/she helps the defendant not drive a motor vehicle, there is no record of punishment heavier than the fine, and other circumstances shown in the record, such as the defendant's age, character and behavior,

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