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(영문) 수원지방법원 평택지원 2013.05.23 2013고단396
도로교통법위반(음주운전)등
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

On February 17, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Suwon District Court’s Pyeongtaek Housing Site on February 17, 2006, and was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek Housing Site on August 13, 2008. On August 13, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek Housing Site source on August 13, 2010.

1. The Defendant is a person engaged in driving a B-car.

At around 22:00 on March 8, 2013, the Defendant driven approximately 5 meters back from the shot off from the underground parking lot of Pyeongtaek-si, 795 dieselppphere-dong, while under the influence of alcohol by 0.152% of blood alcohol concentration.

2. On March 8, 2013, the Defendant was unable to operate a motor vehicle that is not covered by liability insurance. However, around 17:30, the Defendant driven the said motor vehicle that was not covered by liability insurance in the foregoing section of the volume 10km in front of the “small-si Do” located in Pyeongtaek-si Do-dong, Pyeongtaek-ro, 59-1, in the front of the 59.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, an employment report on an employment of an employee, and a report on the actual state of an employee;

1. Mandatory insurance policies;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The Defendant committed the instant crime even though he/she had previously been punished for drinking alcohol due to the latest sentencing of Article 62-2 of the Criminal Act on probation and community service order, and again committed the instant crime, the Defendant’s blood alcohol concentration at the time of the said crime is relatively high, and the police officer’s method is used.

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