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(영문) 수원지방법원 평택지원 2015.01.22 2014고단1819
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 Aug. 19, 2005, the defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's House on Aug. 19, 2005; on Dec. 5, 2006, by the same court on Dec. 5, 2006, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act; on Mar. 18, 2008, by the same court on Mar. 18, 2008, the summary order of KRW 1 million as a fine for the same crime; and on Feb. 2, 2009, a person with the criminal records for which the

【Criminal Facts】

On November 28, 2014, at around 23:30, the Defendant driven a B-te motor vehicle under the influence of alcohol with approximately 0.126% alcohol concentration at the section of about 1k from the street in front of the office of Seo-si, Seo-dong, Seo-gu, Seo-si to the front of the same vehicleland.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

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

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. In light of the fact that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed again the above crime even though he had been already punished on three occasions due to drinking driving, etc., the punishment for such crime is not easy.

However, the suspension of execution is to be ordered as ordered in consideration of various sentencing factors, such as the defendant's age, occupation, family environment, including the fact that the defendant is against the recognition of the crime and that there is no criminal record exceeding the fine.

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