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(영문) 수원지방법원 평택지원 2013.10.31 2013고단838
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 November 26, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine of KRW 1.5 million by committing a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site, and a summary order of KRW 2.5 million by the same court on October 17, 2011.

【Criminal Facts】

As above, the Defendant, while driving a drinking-driving vehicle twice again on June 28, 2013, was under the influence of alcohol of 0.146% on blood alcohol level on June 28, 2013, driving a Datland at approximately 500 meters from the front side of Pyeongtaek-si Li-dong Club to the front side of the business company of Pyeongtaek-si Dong-dong.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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 Article 62-2 of the Criminal Act were imposed on the Defendant for the reason of sentencing two times due to drinking alcohol driving, and even if having been punished by a fine for driving without a license, the Defendant again carried out drinking alcohol driving in this case, and the responsibility for such offense is heavy.

However, the suspension of execution is to be imposed on the condition of probation and community service order through discretionary mitigation in consideration of various sentencing factors, such as the defendant's family relation, including the fact that the defendant is recognized as committing the crime and is against the defendant, that the defendant has no criminal records exceeding the fine, and that the defendant does not repeat the crime by disposing of the vehicle. It is so ordered as per Disposition.

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