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(영문) 수원지방법원 평택지원 2013.07.03 2012고합200
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[200] On May 11, 2012, at around 21:22, the Defendant driven C Poter truck in the section of approximately 500 meters from frur smart front to the same road located in the same Ri from the same steel line, under the influence of alcohol content of 0.203%.

[2012 Gohap202] On June 15, 2012, the Defendant driven C Poter truck at the section of approximately 600 meters from the road front of the robane rice rice, which is under the influence of alcohol with a 0.278% alcohol concentration in the blood on June 15, 2012, to the road front of the same steel department.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of each host driver;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from a violation of the Road Traffic Act due to a drunk driving on June 15, 2012, among concurrent crimes)

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

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

1. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has a history of being punished several times due to drinking driving, etc., and the defendant commits a crime of violation of the Road Traffic Act as referred to in paragraph (2) of the same Article without being aware of only one month after committing the crime of violation of the Road Traffic Act as stated in the judgment, it is highly likely to criticize the defendant.

However, considering the fact that the defendant is deemed to have led to confession and reflect, the fact that the defendant was punished due to drunk driving, etc. is ten years ago, and other various circumstances that form conditions for sentencing, such as the age, character, conduct and environment of the defendant and circumstances after the crime, the punishment as set forth in the text shall be determined.

It is so decided as per Disposition for the above reasons.

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