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(영문) 대전지방법원 2016.11.23 2015고단410

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 18, 2003, the Defendant issued a summary order of KRW 3 million for the violation of the Road Traffic Act at the Daejeon District Court on April 18, 2003, which became final and conclusive on May 15, 2003. On July 23, 2003, the Defendant was sentenced to imprisonment of KRW 10 to the same court for the same offense, etc. on September 27, 2003. On October 14, 2008, the said court issued a summary order of KRW 3 million for the same offense and became final and conclusive on November 22, 2008. On April 3, 2012, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 2 years for the same offense, etc. on August 11, 2012.

On February 5, 2015, at around 18:30, the Defendant driven a B-wing truck with blood alcohol content of about 2 km from around the front of the instant restaurant located in the Seosung-dong Daejeon-dong to the World Cup in the same Dong-dong from around 2km to the World Cup street in the same Gu-dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

around 17:05 on May 8, 2015, the Defendant driven the B-wing truck at a approximately 7km section from the nearby road of the Jinando-gun, Jinando-gun without a vehicle driver's license to the next road of the Jindo-gun, Jindo-gun to the Donsando-do-Indo-Indo-Indo-Indo-Indo-Indo-Indo-Indo-Indo-In

Summary of Evidence

"2015 Highest 410"

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. The actual condition survey report and photographs of the accident site;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports (Attachment to the same type of judgment), and "2015 Highest 410";

1. Police suspect interrogation protocol of the accused;

1. Reporting on the arrest of a suspect in violation of the Road Traffic Act;

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 (the point of sound driving) and each of them;