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(영문) 대전지방법원 2016.12.08 2016고단3245
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 27, 2010, the Defendant received a summary order of KRW 500,000 from the Daejeon District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving). On January 27, 2013, the Daejeon District Court received a summary order of KRW 3 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and on November 30, 2015, issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

On August 30, 2016, at around 23:40, the Defendant driven a B-hurd motor vehicle with a blood alcohol concentration of 0.140% under the influence of alcohol level of 0.140%, without obtaining a driver’s license in approximately 1km section from the B-hurg road in Jung-gu, Daejeon, Seoul, to the next road of the 2-dong community service center, culture 90 Dao-ro, Jung-gu, Daejeon.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license in the state of drinking in violation of the above provision.

around 00:52 on October 13, 2016, the Defendant driven a motor vehicle from the street in front of the Guambadong in Daejeon Seo-gu, Daejeon to the end of the fashion monthly road in Seo-gu, Seo-gu, Daejeon, without obtaining a driver's license in the section of approximately 1.5 km.

Summary of Evidence

"2016 Highest 3245"

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Report on the circumstances of the driving of a motor vehicle;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Previous records: Criminal records and other inquiries, and investigation reports (Attachment to a summary order)";

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving), subparagraph 1 of Article 152 and subparagraph 1 of Article 43 of the Road Traffic Act, respectively;

1. As of August 30, 2016, Articles 40 and 50 of the Criminal Code of Trade and Trade.

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