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(영문) 인천지방법원 부천지원 2020.05.29 2020고단414
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

1. On December 29, 2019, around 21:45 on December 29, 2019, the Defendant driven B K5 vehicle while under the influence of alcohol with approximately KRW 0.110% of alcohol concentration from the section of about 7km to the same city, from the front of an influence restaurant in the vicinity of a high village post office located at 54 km-ro, Kimpo-si, Kimpo-si, Kimpo-si, to the end of the same city.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

2. On December 31, 2019, the Defendant is a person who violated the prohibition of drinking under the influence of alcohol once, as described in paragraph (1).

On December 31, 2019, at around 03:05, the Defendant driven a B K5 vehicle while under the influence of alcohol 0.102% of the blood alcohol concentration on the section of about 20 meters from the parking lot of the public parking lot in Kimpo-si to the “E” road in the same city as “E” located in D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol as a person who violated the prohibition on drinking.

Summary of Evidence

Judgment

1. Criminal facts;

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on detection of drinking drivers and the results of the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on internal investigation (with respect to situation of control and refusal to affix a seal on site documents)

1. He/she shall make a report on investigation (report on the circumstances of an immigration driver);

2. Criminal facts;

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Report on the occurrence of a traffic accident;

1. Reports on traffic accidents, actual condition survey report and field map;

1. Egressing the scene of an accident, photographs and CCTV images;

1. Notification of the results of the drinking driving control;

1. Registers of driver's licenses, mandatory insurance, and making inquiries into the car ledger;

1. Application of Acts and subordinate statutes to each investigation report (main driver report, drinking control, suspect statement, suspect himself/herself and his/her family health status twice);

1. Relevant laws concerning criminal facts, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving) and Article 148 of the Road Traffic Act;

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