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(영문) 의정부지방법원 고양지원 2013.08.23 2013고단950
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 April 15, 2008, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on April 15, 2008, and on February 5, 2009, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 13:00 on December 1, 2012, the Defendant driven C rocketing III car without a driver’s license, while under the influence of alcohol alcohol concentration of about 0.201% at the section of approximately 4.1km from the Ktex parking lot located in the Sinsan-gu Masan-dong (a point of 3.3km in the Pt. Napo-si) to the freedom located in the same Gusan-dong (a point of 3.3km in the Pt. Napo-si).

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

around 03:20 on July 26, 201, the Defendant driven C vehicle under the influence of alcohol with approximately 11.9m alcohol concentration of about 0.219% from the section of approximately 11.9m to the front road of the new apartment located in the Geum-si, Seoyang-gu, Busan Metropolitan City, in front of the restaurant, where the trade name located in the Ilsan-dong, Busan Metropolitan City, is unknown.

Summary of Evidence

"2013 Highest 950"

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to D by the police;

1. The register of driver's licenses, replys to requests for appraisal, reports on personal identification of driver(s) and details of disposition on cancellation of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Attachment to summary orders of the same criminal records);

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to reports on the statement of the state of a drinking driver, reports on the state of a drinking driver, and records of the control of drinking driving;

1. Relevant Act of the crime, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) concerning the crime;

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