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(영문) 수원지방법원 평택지원 2016.06.29 2016고단784
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2016, the Defendant driven a car under the influence of alcohol concentration of 0.197% in blood around 15:40, and operated the car at approximately 3 km to the intersection of the 131 km in front of Pyeongtaek-si D, from among the inside of the same Eup/Myeon 37 a.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the actual condition of traffic accidents, and a report on the occurrence status;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Application of each statute on photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. It is so decided as per Disposition on the application of sentencing guidelines under Article 62(1) of the Criminal Code - on the grounds that the offense is not subject to application.

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