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(영문) 대전지방법원 2017.05.12 2017고단888

도로교통법위반(음주운전)등

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

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was punished by a fine of up to three million won for a violation of road traffic law in the Daejeon District Court's support on August 26, 2011, and was sentenced to a suspended sentence of two years on January 21, 2016 for a violation of road traffic law at the Daejeon District Court on January 13, 201, and the said judgment became final and conclusive on January 21, 2016.

1. On January 9, 2017, from around 06:50 to around 12:00 of the same day, the Defendant driven a C Lasta car without obtaining a driver’s license from around 06:50 to around 13:00 of the same day, in front of the 253rd World Cup, which is located in the 58-ro, Seosung-dong, Daejeon Pream-dong, including the road in front of the KIK Bank in the same Gu, and around 35 km in the eIK-dong-dong, Chungcheongnam-dong.

2. On January 10, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) driving a C rocketing car without obtaining a driver’s license for a vehicle with approximately 200 meters alcohol concentration of about 0.203% in alcohol level in front of the 253-lane 58, as stated in the 253-ro World Cup, in front of the Seosung Pungdong-dong, Daejeon Pungdong-dong.

Accordingly, the defendant was a person who violated two times or more due to drinking, driving a drinking again, and driving a license without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Each image for which each CCTV inquiry is requested;

1. Entry into the ledger of driver's licenses;

1. Application of the Acts and subordinate statutes described in the investigation report (verification of the past record of the same type of crime) and the judgment inquiry;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act on January 10, 2017, a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of penalty;