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(영문) 수원지방법원 여주지원 2014.03.10 2013고단805
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On June 17, 2008, the Defendant issued a summary order of KRW 2.5 million for the same crime from the Chungcheong Branch Branch of the Suwon District Court as a crime of violation of the Road Traffic Act (driving). On August 16, 2010, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 2.5 million for the same crime from the Chungcheong Branch of the Chungcheong Branch of the Chungcheong Branch of the Suwon District Court.

【Criminal Facts】

On June 26, 2013, at around 00:05, the Defendant driven Cschtonton car at the section of about 6 km from the Do in front of the mutually unclaimed restaurant located in the Gyeonggi-gun Eup, Gyeonggi-do, to the front of the “Tindo” road located in the same Do in the north-west of the same military branch.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Investigation reports (demark);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (former records and attachment of judgment), application of statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (including the case where the defendant has no criminal record of the same kind of suspended sentence or heavier);

1. The portion not guilty under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. Around March 28, 2013, the Defendant driven a Csch Rexton car at approximately KRW 200 meters section from D in front of the Gyeonggi-gun to the roads adjacent to Taedsan NewCC, while under the influence of alcohol by at least 0.168% of alcohol level around 21:20 on March 28, 2013.

2. As to the above facts charged, the Defendant, while not drinking alcohol, was driving a vehicle at the relative E or F house located in Gyeonggi-gun Group E or F, with the Defendant’s house, and asked E to take the vehicle after the accident at which the said vehicle was faced to the bridge between the bridges. However, E is difficult to take the vehicle, and there are personal effects, such as handphones, put the vehicle on the vehicle after drinking alcohol together with E and F.

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