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(영문) 수원지방법원 평택지원 2013.05.08 2013고단422
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On August 13, 2003, the Defendant was sentenced to 10 months by imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court site, etc. On July 4, 2006, the same court was sentenced to a summary order of 1 million won by a fine due to a violation of the Road Traffic Act (driving). On March 9, 201, the same court was issued a summary order of 1 million won by the same court as on March 9, 201, and on March 14, 2012, issued a summary order of 1 million won by a fine for a violation of the Road Traffic Act (driving). On March 14, 2012, the same court was sentenced to 2 years of suspension of the execution.

【Criminal Facts of Crimes】 On March 7, 2013, at around 01:30, the Defendant driven Category C Woussan C-C-C-C-C-C-C-C-C-W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation (for the following reasons for sentencing), as stated in the first head of the judgment, has a record of having been punished several times for the same kind of crime as stated in the judgment, and further, the sentence of sentence against the defendant is inevitable in that he/she again commits the same crime without being aware of it even though he/she is under suspension of execution due to a

However, in light of the fact that the blood alcohol content of the instant case is not so high, the previous suspended sentence becomes invalidated due to the instant case, and other circumstances, such as the Defendant’s age, character, conduct and other surrounding environment, motive, means and consequence of the instant case, and circumstances after the commission of the crime, etc., a sentence of the lowest mitigated punishment shall be imposed.

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