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(영문) 수원지방법원 평택지원 2014.06.26 2014고단585
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 November 5, 2006, the Defendant received a summary order of KRW 700,000 from the Chungcheong District Court's Chungcheong District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on December 7, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Suwon District Court's Sejong District Court's Eunpyeong Housing Site.

【Criminal Facts】

On April 29, 2014, at around 13:30, the Defendant driven a B-to-pur motor vehicle under the influence of alcohol with approximately 1,50 meters alcohol concentration 0.121% from the front side of the food fransh in Pyeongtaek-Eup fab, Pyeongtaek-si, to the front side of the same city level 1,50 meters from the front side of the food fabropo-Eup to the front side of 26th day of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and 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. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished twice due to drinking driving, etc., again causes two traffic accidents while driving in drinking condition, etc., the responsibility for such crime is not somewhat weak.

However, punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the probation shall be sentenced on condition of probation and community service order.

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