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(영문) 대전지방법원 2020.04.23 2019고단4936
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 20, 2017, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daejeon District Court.

1. Around 23:20 on August 13, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.196% without a vehicle driver’s license, and the Defendant driven CM7 car at a section of about 500 meters from the Daejeon Pungdong to the Daejeon Pungdong B apartment parking lot.

2. Violation of the Road Traffic Act and the Road Traffic Act;

A. At around 15:20 on September 6, 2019, the Defendant, without a car driver’s license, driven CM7 car at approximately 100 meters from the entrance of the Daejeon Seo-gu B apartment to the entrance of the said apartment.

B. The defendant 2-A

There are reasonable grounds to recognize that a police officer was driven under the influence of alcohol, such as the date, time, place, smelling, unfluoring, and breathing, etc. in the D District of the Daejeon U.S. Police Station, due to a police officer’s failure to comply with a police officer’s request for a measurement of drinking without justifiable grounds, despite that he/she was requested to comply with a breathing method by inserting the breath of a drinking measuring instrument throughout several times from E in

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in F and G preparation;

1. Each investigation report (for example, a report on the circumstances of an immigration driver);

1. Notification of the results of the drinking driving control;

1. A report on the actual state of each host driver;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The register of driver's licenses;

1. Photographs;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 148-2 (2) and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the volume of drinking alcohol);

1.Article 40 of the Criminal Code of Trade and Trade.

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