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(영문) 수원지방법원 평택지원 2015.01.22 2014고단1747
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 5, 2008, the Defendant, at the Suwon District Court, issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on September 26, 2008, at the same court, issued a summary order of KRW 2,50,000 by a fine for the same crime, etc. on at least two occasions. However, on October 22 and 25, 2014, the Defendant driven a B rocketing car from around 70 meters away from the darma road in the Dolle of Pyeongtaek-si, Pyeongtaek-do to the front road of the Lidong Park.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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

1. Although the suspended sentence under Article 62(1) of the Criminal Act is a letter of high blood alcohol concentration in sentencing, and there is a history of punishment twice or more for the same crime, a strict punishment is required. However, in consideration of the fact that a confession is made while committing a crime, and that the same crime is not repeated, and that the crime of this case was committed at the time when about six years have passed since the last crime was committed, the defendant will be placed in preference at once, and the punishment is determined as ordered in consideration of the defendant's age, character and conduct, circumstances after the crime, etc.

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