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(영문) 수원지방법원 2013.11.19 2012고단6339

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 September 15, 2012, at around 03:40 on September 15, 2012, the Defendant driven C Saturdays’s car at approximately KRW 1mm (1m) on the front road located in G in Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, with alcohol content of 0.156%.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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. The defendant and his defense counsel asserted that at the time, the defendant was temporarily set free from the above Saturdays car, but the F and G used the contact accident, and the J considered it.

Even according to the defendant's statement, the defendant, under the influence of alcohol, was divingd in the above earth car, and the situation was memoryed after the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife at the time of the accident. The court stated that it was not a witness at the time of the accident, but the above knife knife knife knife knife knife knife knife knife at the time of the accident.