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(영문) 대구지방법원 영덕지원 2017.09.13 2017고단213
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was issued a summary order of a fine of three million won or more for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on November 22, 2012, and was issued a summary order of a fine of four million won or more for the same crime in the Yeongdeungpo Branch of the Daegu District Court on November 5, 2015, and was issued a summary order of a fine of four million won or more for the same crime on January 27, 2016, and was sentenced to a suspended sentence of one year and three months for the same crime in the same court on January 27, 2016, and the judgment became final and conclusive on February 4, 2016.

1. On July 4, 2017, at around 21:00, the Defendant: (a) driven a car without a driver’s license in a state of alcohol concentration of approximately 0.173% from the road front of the convenience store near the Southwestwest-gun of the Nuclear Energy Headquarters, in the vicinity of the Southwest-gu Office; (b) from around 6km to the front road of the offwestwest-gu Seoul Metropolitan Government; and (c) driven a car without a driver’s license in a state of under the influence of alcohol concentration of about 0.173%.

2. On July 21, 2017, at around 00:50, the Defendant: (a) moved the vehicle without a driver’s license while under the influence of alcohol leveling 0.274% from the 400-meter section from the 400-meter section, where the vehicle located in the military to the 500-meter front of the 400-point located in the military, and driven the vehicle.

Summary of Evidence

[1] Paragraph (1) of the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notice of the result of the control of driving under the influence of alcohol, the report on the circumstances of the driver under the circumstances of the driver under the influence of alcohol, the driver’s license register, and the investigation report (Evidence No. 6 of the Evidence List) (Evidence No. 3, 4, 5, 7, and 8) / [2] Defendant’s legal statement, the notice on the state of driving under the influence of alcohol, the notice on the result of the control of driving under the influence of alcohol, the report on the state of driving under the influence of alcohol, the report on the driver under the influence of alcohol, the vehicle driver’s license register, and the investigation report (Evidence No. 11, 12, 13, 15, and 16 of the Evidence No. 14 of the Evidence List) / [3] inquiry report on criminal history, etc., and the report on driving under Article 148-2(1)4(1) of the Road Traffic Act (Attachment attached thereto).

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