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(영문) 대전지방법원 2016.11.30 2016고단3156
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 October 30, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on May 12, 2010, issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on May 12, 201, and on April 16, 2015, issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on April 16, 2015.

1. On August 1, 2016, the Defendant violated Article 44(1) of the Road Traffic Act and Article 44(1) of the Road Traffic Act (driving without a license) and the Defendant driving a C Spart vehicle under the influence of alcohol with a blood alcohol concentration of 0.14% at a level of about 50 meters, without obtaining a driver’s license, from the 50-meter section in front of the Ma homebbbow restaurant located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seoul, to the front road of the Ma homeb government in front of the Ma homebro, and without obtaining a driver’s license.

2. On August 1, 2016, the Defendant’s unlawful uttering of official document was found to have driven a motor vehicle in front of the Mar Home-Ba, in front of the Seo-dong, Seo-gu, Daejeon District D Zone E belonging to the Daejeon District Police Agency, and the Defendant denied the official document by presenting the first-class ordinary driver’s license for F, the Defendant’s work partner, who was under the name of the Commissioner of the Daejeon Police Agency, as the Defendant’s driver’s license, while driving the motor vehicle in front of the Mar Home-Ba, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning G and F;

1. The police statement of H;

1. Investigation report (in addition with regard to correction of a suspected suspect), notification on the results of the control of drinking driving, and statement on the status of a drinking driver (Evidence Nos. 2, 3, 4);

1. The register of driver's licenses (attached No. 7);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to the same summary order against A);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of a sound driving);

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