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(영문) 수원지방법원 안양지원 2014.11.21 2014고단1201
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:50 on July 11, 2014, the Defendant driven a Cbea-crat vehicle under the influence of alcohol leveling 0.20% of alcohol level from the front of the Suwon District Court's Ansan Branch to the front of the same horizontal road in Ansan-si.

Summary of Evidence

1. Legal statement of witness D;

1. The defendant's argument that it is difficult to believe as a whole the defendant's blood alcohol concentration measurement other than the first measurement, as long as the first measurement is merely a measurement to determine whether to drink, and there is no measurement to measure the degree of blood alcohol level since the defendant's blood alcohol concentration level is measured, it is difficult to believe that the defendant's statement was credibility in the witness D's legal statement in light of consistency in statement, attitude of statement, etc., and even if the defendant's statement was settled on July 11, 2014, it cannot be seen that the defendant's blood alcohol level other than the first measurement was not applied until the settlement date (Evidence No. 1) or that the last alcohol level at the time of drinking measurement was not applied to the defendant's blood alcohol level.

1. Taking into account the circumstances, such as the fact of the crime concerned, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (in the event of a criminal history of the same kind of crime, recommitting the crime despite the history of the same crime, denying the crime, and the fact that the blood alcohol concentration level is high);

1. Article 62 (1) of the Criminal Act (Recognizing the fact that a person drives a vehicle while drinking alcohol, considering circumstances, such as the fact that a person has no record of punishment of imprisonment without prison labor or heavier punishment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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