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(영문) 서울동부지방법원 2014.11.13 2014고단2909
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

On March 9, 2011, the Defendant issued a summary order of KRW 1 million at the Seoul Central District Court to a fine for a violation of the Road Traffic Act (non-licensed driving), and on July 9, 2014, the Seoul Northern District Court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving).

1. On July 03, 2014, the Defendant driving a B rocketing car with a blood alcohol concentration of 0.121% without obtaining a driver’s license on the 35-lane of Songpa-gu Seoul Olympic Games on July 03, 2014.

2. The Defendant, at the same time and at the same place as above, was subject to regulation by C at the Seoul Song-gu Police Station of Traffic Safety Direction of the Seoul Song-gu Police Station where the Defendant was working for the crackdown on drinking driving, thereby confirming the Defendant’s personal information, and the Defendant’s circumstantial statement prepared by C without authority for the purpose of exercising the Defendant’s personal information D while driving the Defendant’s living together with D, the Defendant stated in the driver column stating “(121) as “I was notified of the result of drinking alcohol, I was notified of the fact that blood can be collected in case of unfair collection,” and “I was notified of the fact that I could collect blood,” and written “0.121” and “B” in the name column, followed the report on the circumstantial statement concerning the certificate of drinking driving, signed by C, and used the forged private document by delivering it to the above C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employer and the report on detection of the primary driver;

1. A report on investigation (in cases of change to a driver), and a explanatory note;

1. Registers of driver's licenses;

1. Previous for judgment: Criminal history records, probationary records, previous dispositions, results of confirmation, and application of each of the Acts and subordinate statutes attached thereto;

1. Article applicable to criminal facts;

(a) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Road Traffic Act.

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