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(영문) 대전지방법원 2014.10.21 2014고단2693

도로교통법위반(음주운전)등

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

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. Around 20:00 on June 18, 2014, the Defendant driving a B observer car without obtaining a driver’s license on the front side of the Geumnam-gun, Chungcheongnam-gun, Geumsan-do, Geumnam-do, Daejeon-do, 384-2’s Dolstro Dol-dong, Daejeon-gu, Daejeon-dong, 384-2’s Dolstro Dolstro Dolstro Dolstro Dolstro Dolst.

2. 도로교통법위반(음주운전) 피고인은 같은 날 22:35경 위 '무진장가마솥` 식당 앞 도로에서 혈중알코올농도 0.153%의 술에 취한 상태로 위 승용차를 약 1m 운전하였다.

3. The Defendant was required to present a driver’s license for unlawful uttering of official document at the time, place, and place indicated in the foregoing paragraph (2) and the circumstances surrounding the Daejeon Daejeon Police Station C District, which was dispatched upon receipt of a report.

The defendant presented the defendant's Class E's first class ordinary driver's license under the name of the chief of the Chungcheong Police Agency, which is an official document in possession, as if the defendant was the defendant's driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of a copy of driver's license (suspect-friendly E);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts; Article 230 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lowest limit shall be determined for the crimes of violating the Road Traffic Act];

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;