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(영문) 대전지방법원 2016.04.06 2016고단14
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 27, 2003, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic laws at the Jung-gu District Court on March 27, 2003, and a fine of KRW 2 million as a fine for a violation of road traffic laws at the Seoul East-gu District Court on October 26, 2004.

On July 20, 2009, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on July 20, 2009, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Jung-gu District Court on October 23, 2009.

On June 23, 2011, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of road traffic law in the Sungnam Support of the Suwon Friwon, and on April 24, 2014, the Defendant was sentenced to six months for a violation of road traffic law in the Seosan Branch of the Daejeon District Court, and completed the execution of the sentence in the official prison on October 23, 2014.

[Criminal facts] On August 6, 2015, the Defendant driven C observer car under the influence of alcohol content of 0.206% while under the influence of alcohol without obtaining a motor vehicle driver’s license on the front of the Daejeon Conscing Center, which is located in the Dong-gu Daejeon, Daejeon.

As a result, the Defendant once driven a motor vehicle without a driver's license even though he/she had a record of punishment more than twice due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. A survey report (1) on actual condition, an accident scene photograph, a report on detection of a primary driver, a report on the circumstances of the primary driver, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records, investigation reports (report accompanied by a copy of the summary order, etc. of the same type of force), investigation reports (report accompanied by a copy of the same type of force judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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