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(영문) 수원지방법원 성남지원 2013.11.08 2013고단2028
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On July 29, 2013, the Defendant was under the influence of alcohol at around 0.066% of the blood alcohol concentration without obtaining a driving license on July 21, 2013, the Defendant driven the B K5 vehicle B at approximately 6km prior to the roads in front of the office of real estate brokers located in Gwangju City, Seonam-gu Seoul Metropolitan City, by driving the B K5 vehicle in front of the office of real estate brokers located in Gwangju Metropolitan City.

2. When the Defendant, at the time and place specified in the foregoing Paragraph 1., was found to have driven a drinking boat by D, a police officer affiliated with the Gyeonggi Mine Police Station C police box, the Defendant was aware of the facts of driving under the influence of alcohol at the location as stated in the foregoing Paragraph 1., as if he was the Defendant’s partner E, the Defendant was aware of the name and resident registration number of E, notified D of the name and resident registration number of E, and without authority, stated “E” in the driver confirmation column and in the driver confirmation column in the notice of the results of the influence of alcohol driving, and submitted it to D for each use.

3. On July 30, 2013, the Defendant: (a) around 15:49, at the Gyeonggi-si Police Station located in the Gyeonggi-si, Gwangju-si, Gwangju-si, the Defendant: (b) signed the interrogation of the suspect who was under the influence of alcohol as stated in the foregoing paragraph 1., and signed the interrogation of the suspect who was requested to affix his/her signature to the statementer in the interrogation protocol; and (c) submitted his/her signature to F for the purpose of exercising his/her authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against E and the accused;

1. A written report from an employee of an employer;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Control note;

1. Application of each of the following Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, respectively;

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