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(영문) 전주지방법원 남원지원 2017.02.07 2016고단272
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant stated in the indictment of around November 30, 2016 as “19:48 (c).” However, according to the records, “19:28 (c)” is recognized, and even if the facts are recognized without changing the indictment, it is determined that there is no risk of causing substantial disadvantage to the Defendant’s right of defense, and thus, ex officio correction is made.

From the date of the bank in the south-si-do-dong, she again drives B's car in the state of alcohol alcohol concentration of approximately 0.229% from the section of approximately 500 meters from the section of the blood alcohol level to the bank prior to the bank by going through the roads prior to the CJ of the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes as a result of the statement of the driver's circumstances and the appraisal by the National Institute of Scientific Investigation;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (1) (to be punished by imprisonment in consideration of the degree of alcohol concentration in blood, the record of driving alcohol, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (a) that the criminal defendant would not drive drinking again while he/she is against his/her will;

D. The following are considered: (i) the final drinking driving record and the time interval between the instant crime and the instant crime; (ii) the results of the measurement by a drinking gauge before collecting blood; and (iii) the

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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