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(영문) 수원지방법원 성남지원 2017.03.10 2017고단39
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2016, at around 13:00, the Defendant driven a B-wing truck with alcohol content of 0.114% while under the influence of alcohol, from the Cheongchi Factory parking lot located in the Cheongchip Eup in Gwangju-si to the 24th future Health Center, from the Cheongchip shop located in the same Eup-Myeon in the same Eup-Myeon, to the 24th future health center.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime (a few kinds of crime records and drinking values);

1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate small amount (aggravating the confession, reflectivity, and time gap between the previous criminal records);

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence but not more than a record of crime);

1. Article 62-2 of the Criminal Act;

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