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(영문) 수원지방법원 평택지원 2014.05.29 2014고단385
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

[criminal power] On August 31, 2007, the defendant was sentenced to a summary order of one million won for the crime of violating the Road Traffic Act at the Seoul Eastern District Court on August 31, 2007. On August 7, 2009, the defendant had the record of being sentenced to a fine of three million won for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the crime of violating the Road Traffic Act.

【Criminal Facts】

On March 15, 2014, at around 01:15, the Defendant driven a B-hurd motor vehicle under the influence of alcohol content of about 500 meters from the 500-meter section to the same 2nd apartment road in front of the 3rd apartment of Pyeongtaek-si, Bupyeong-gu, Singu, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol concentration;

1. Report on the state of drinking drivers, report on the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records and investigation reports);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act have already been punished once as a crime of causing a traffic accident during drinking, etc., but again commits the crime despite the record of punishment for causing a traffic accident during drinking, etc., the punishment for such crime is not somewhat weak.

However, punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the probation shall be sentenced on condition of probation and community service order.

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