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(영문) 서울북부지방법원 2016.06.02 2016고단143
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of imprisonment for a period of two years shall be postponed from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2015, while under the influence of alcohol level of 0.212% among the blood transfusion around 05:41, the Defendant driven a 45-day d-nick-ro Dobong-ro, Gangnam-gu, Seoul, on the front of the restaurant “private space” located in the 45-day Dobong-ro, Gangnam-gu, Seoul, the Defendant driven a 500-meter motor vehicle from the d-nick-gu to the front of the 46-day Don

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries into the results of crackdown on driving alcohol, a statement of the circumstances of the driver in charge of driving alcohol (blood collection), a consent letter, a request for appraisal, and a response to a request for appraisal (the defendant's defense counsel asserts that the amount of alcohol content is 0.179% in blood from a blood made by a petro alcohol measuring instrument and that 0.212% in blood collection cannot be recognized, but no data can be found to exclude the amount of alcohol content in blood from blood obtained by blood collection);

Application of Statutes

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the suspended execution (which has the previous history of driving under drinking, but is contrary to the wrongness and again, it will not drive under the influence of drinking;

Therefore, the execution of imprisonment with prison labor is suspended at a time on condition of protection observation and lecture attendance order.

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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