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(영문) 수원지방법원 평택지원 2013.12.20 2013고단1442
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 June 15, 201, the Defendant was issued a summary order of KRW 2 million at the Suwon District Court’s horizontal Housing Site as a crime of violation of the Road Traffic Act, and on March 30, 2012, the same court issued a summary order of KRW 5 million by a fine for violation of the Road Traffic Act.

【Criminal Facts】

The Defendant, as above, driven a BM3 car at a distance of approximately 200 meters from the front side of the Gando Hospital in Pyeongtaek-si and from around 0.113% under the influence of alcohol at around 00:42 on December 2, 2013, even though the Defendant had twice the power of driving under the influence of alcohol again, to the parallel of clothes in Pyeongtaek-si and from the front side of the Gando Hospital in the influence of alcohol level 0.113%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same kind of power) and 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. As indicated in the first sentence of Article 62-2 of the Criminal Act, a sentence shall be determined as ordered in consideration of various sentencing conditions indicated in the record, such as the fact that a person committed the instant crime even though having the same kind of force as indicated in the judgment of sentencing, and the blood alcohol content of this case also high. The Defendant recognized a crime and reflects the fact that the Defendant does not have any criminal record exceeding the fine, etc. However, in order to prevent recidivism, a probation and an order to attend a lecture shall also be issued.

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