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(영문) 전주지방법원 정읍지원 2019.10.01 2019고단364
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 24, 2019, at around 19:50, the Defendant driven CG car volume in the state of alcohol with approximately KRW 6km from the front of the ambal street in the Bupyeong-gun, Busan-gun to the front of the ambal road in the Bupyeong-gun, Busan-gun, the Defendant driven CG car volume with approximately 0.063% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Report of investigation (related to the check of body) and modification of investigation report (related to the application of the Radmark);

1. Investigation report (to attach dynamic images on the suspect’s day), the application of CD-related Acts and subordinate statutes;

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The execution of an order to attend a lecture under the condition that an order to attend a lecture is suspended, taking into consideration the reasoning drinking volume, driving distance, the circumstances leading up to the detection of an accident (referring to a measurement of drinking at his own home against the defendant on whom a police officer was dispatched after receiving a report of 112 that he was obvious of the date of an accident), the same criminal records [limited to a fine of two million won on April 26, 2002, a fine of two million won on August 20, 2007, and a fine of seven hundred thousand won on August 20, 2007], etc.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.

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