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(영문) 의정부지방법원 2014.03.28 2013고단269

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 30, 2010, the Defendant was sentenced to a fine of 4.5 million won by the District Court of the Republic of Korea on September 30, 2010.

[2013 Highest 269] On October 12, 2012, the Defendant driven a B Poter under the influence of alcohol content of 0.291% from the 3rd-down road, which is in the Dobcheon-si Action without a driver’s license, to the front-distance road of about 107-lanes.

[2014 Highest 563] The Defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On January 9, 2014, the Defendant failed to obtain a driver’s license of a motor vehicle and violated two or more times the prohibition of driving under the influence of alcohol, and even if he was under the influence of alcohol, the Defendant failed to perform his duty of front of the instant passenger vehicle while he was under the influence of 0.182% of the blood alcohol concentration on the front of the instant apartment site located in the direction of 34%, Kim Quantity Station, and was under the influence of 3 military headquarters located in the direction of the 34th military headquarters. The Defendant escaped without taking necessary measures, such as immediately stopping the 656,513 won of the repair cost of the instant motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A performance-based report (2013 high-ranking269 case records);

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Report on detection of a drinking driver and data from a drinking measuring instrument and output;

1. The circumstantial report of an employee;

1. Investigation reports (Attachment to a detailed statement of repair of damaged vehicles);

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of a suspect), application of Acts and subordinate statutes governing records of the case;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under the influence of sound) and each of them;