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(영문) 수원지방법원 안산지원 2014.04.10 2013고단1138
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 19, 2013, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Punishment of Violences, etc. Act (joint assault) in the Suwon District Court’s Ansan Branch on February 19, 2013, and the judgment became final and conclusive on February 27, 2013. On February 16, 2013, the Defendant driven a cchip car with 50 meters of 0.135% of alcohol content in the state of under the influence of alcohol around 03:45 on February 16, 2013, under the influence of alcohol content of 0.135%.

Summary of Evidence

1. Entry of the accused in each part of the first and fifth trial records;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Statement made by witnesses D in the fifth trial records;

1. Statement made to D by the police;

1. Written statements of D;

1. Report on the inspection of occurrence of the case, report on the driving, suspension of driving, measuring instruments and output, report on the circumstantial statement of the driver, and notification of the completion of correction;

1. On-site photographs (Evidence Nos. 9), new lines, CCTV video images (Evidence List No. 10), suspect photographs, video images (Evidence List No. 13), CCTV images (Evidence List No. 14), CCTV images (Evidence List No. 15), CCTV images (Evidence List No. 17), investigation reports (Witness E, F Telephone Recording), telephone CDs;

1. Inquiries and replies by the National Institute of Scientific Investigation;

1. Before holding: Criminal history records, inquiry reports, report on the results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (verification of period of suspended execution of suspects);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Judgment on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. The following facts are acknowledged according to each evidence of the above facts.

On February 16, 2013: 03:51:30 Sinsi-si, Hosi.

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