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(영문) 수원지방법원 안산지원 2013.06.12 2013고단615
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13, 201, the Defendant was sentenced to a fine of KRW 1,000,000 for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on October 13, 201, and a fine of KRW 4,00,000 for the same crime in the same court on September 24, 2012.

On January 24, 201, the Defendant was under the influence of alcohol level 0.21% without a driver’s license of a motor vehicle on 06:06 on 24, 201, the Defendant driven C-wing truck at approximately eight kilometers in the section of eight kilometers in front of the fluent Library of the same city from the flusium (hereinafter referred to as the “flusium”) to the flusium of the same city.

B. The Defendant, while driving at the above location at the port of the above “A,” was discovered, and exercised the above F’s signature by entering the “F” in the signature and seal column without authority for the purpose of exercising his/her authority to request the police officer in charge to affix his/her signature and seal on the circumstantial statement of the driver, the report of detection of the driver, the voluntary consent of the driver, and the written consent to collect blood, and submitting it to E by submitting it to the police officer of the police box who is aware of such fact.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A performance report, a performance-based driving report, and an investigation report;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 239 (1) of the Criminal Act, and Article 239 (2) and (1) of the Criminal Act, concerning facts constituting an offense;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (a punishment imposed on the crimes of violation of the Road Traffic Act and without a license).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Code among concurrent crimes.

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