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(영문) 수원지방법원 평택지원 2013.08.22 2013고단680
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than five 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 May 28, 2013, at around 22:25, the Defendant driven a BG car under the influence of alcohol with approximately 300 meters of alcohol content 0.090% under the influence of alcohol at around 307, 300 meters from the street in front of a mosium in Pyeongtaek-dong, Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 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. The reason for sentencing under Article 62-2 of the Social Service Criminal Act is that the defendant was issued a summary order of KRW 5 million on March 12, 2013 due to the violation of the Road Traffic Act in this court on March 12, 2013, and again committed the crime of drinking driving in this case on the only two months, and thus, the defendant's liability for the crime of this case is not weak.

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the defendant is against the recognition of the crime, etc., and the suspension of execution shall be sentenced on the condition of community service order.

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