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(영문) 의정부지방법원 고양지원 2014.02.12 2013고단2189
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 March 30, 2012, the defendant was issued a summary order of a fine of five million won for the crime of violating the Road Traffic Act (refising to measure the noise level) in the Goyang Branch of the District Court on March 30, 2012

1. On October 18, 2013, at around 01:30, the Defendant driven BK3 vehicles under the influence of alcohol with approximately 0.181% of alcohol alcohol concentration at the section of approximately 3km from the area near the Bupyeong-dong, Incheon Bupyeong-gu to the 4-distance front of the opening in the same Dong-dong.

2. On November 11, 2013, the Defendant driven the said vehicle under the influence of alcohol by 0.122% at a distance of about 1km from the 1km section to the 6-lane of the Sinsi Village of the same Gu from the area near the New Kuco department store in Mangdong-dong, Seoyang-gu, Seoyang-si to the 6-lane of the Sinsi Village of the same Gu.

3. On November 12, 2013, the Defendant driven the foregoing motor vehicle under the influence of alcohol with approximately 0.05% of alcohol concentration at approximately 25km in the section of 25km from the sexual low village located in the Yongsan-gu dialogue-gu Incheon Metropolitan City to the front day of the class of the literature tunnel charges located in the Yeonsu-gu Cheongdong, Yeonsu-gu, Incheon.

4. The Defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on a road, and the said motor vehicle is not covered by mandatory insurance after July 18, 2013, but is not covered by mandatory insurance, as described in paragraphs (1) through (3).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of each host driver;

1. A report on detection of each host driver;

1. Making a report on the results of regulating drinking driving;

1. Requests for appraisal;

1. Mandatory insurance policies;

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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