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(영문) 수원지방법원 평택지원 2014.03.19 2013고단1624
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

On November 14, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on December 24, 2010, issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek site.

On July 11, 2013, at around 03:00, the Defendant driven a B-learning car at the section of approximately 1.5 km from the Do in front of the Ji-ri-ri-ri-ri-ri-ri-ri-ri-si, Ji-ri-si, Ji-ri-si, Ani-ri-si, Ani-ri-si, Ani-ri-si, Ani-ri-si, B-ri-si, in the state of alcohol concentration of 0.136%

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is not good in light of the defendant's driving of a motor vehicle in a considerable drinking condition even though the defendant had the same kind of drinking driving force. However, the defendant's confession, the defendant does not drive a motor vehicle again, and the defendant's age, character and behavior, family environment, etc. are considered in light of various circumstances shown in the records.

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