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(영문) 광주지방법원 2013.11.01 2013고단4026
도로교통법위반(음주운전)등
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

On July 23, 2007, the Defendant issued a summary order of KRW 2 million to the Gwangju District Court as a crime of violation of the Road Traffic Act (driving). On December 5, 2008, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 7 million by the same court on March 21, 2012, respectively.

1. On August 4, 2013, the Defendant was under the influence of alcohol at 01:25% of blood alcohol concentration without obtaining a driver’s license, and at around 01:30 on the same day, the Defendant driven a B SP car owned by the Defendant with 1 km from the entrance map of Gwangju Dong-gu to the Han-dong Han-dong shopping company at around 01:30 on the same day.

2. On August 4, 2013, the Defendant was required to present a driver’s license from a slope F belonging to the Gwangju Dong Police Station E Zone of the Gwangju Dong Police Station, who was dispatched to the traffic accident scene after receiving a report from the Defendant while driving a Category D taxi in the Han-dong, Han-dong shopping mall located in Gwangju-dong, Gwangju-gu.

The defendant presented to the above F a Class I ordinary driver's license of G in the name of the Commissioner of the Korean Police Agency, which is an official document in the above Spati vehicle.

As a result, the Defendant denied G's driver's license, which is an official document.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police interrogation protocol of the defendant and H;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Disqualifications of the main office;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 230 of the Criminal Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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