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(영문) 대전지방법원 홍성지원 2016.10.11 2016고단540
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On March 30, 201, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1.5 million for the same crime from the same court on February 3, 2014, and a fine of KRW 5 million for the same crime from the same court on February 4, 2016 in the same court, respectively, at the Hongsung Branch of the Daejeon District Court on March 30, 201.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice again, driven B-wing three cargo vehicles without obtaining a driver’s license with a blood alcohol concentration of about 0.27% from the section of about 10km from the front side of the Seongbuk-gun, Seocheon-gun, Chungcheongnam-do to the front side of the Hongwon-do, Seocheon-gun, Seocheon-do to the lower side of the red-sea of the same military in writing.

2. The Defendant, in violation of the Resident Registration Act, committed a traffic accident under the influence of alcohol at the time, time, and place specified in Paragraph (1) of this Article, resulting in the Defendant’s pro-friendly G resident registration number of the Defendant, who was requested by FF in charge of the police box posted to the said site to verify personal information, and entered “G” in the confirmation column of the report on the status of the driver of the vehicle, and then submitted his signature to F, who is unaware of such circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Report on the statement of the state of drinking drivers, and notification of the results of regulation of drinking driving;

1. On-site photographs of traffic accidents, the register of driver's licenses (No. 5 No. 1);

1. Previous convictions in judgment: Application of inquiry reports, investigation reports (report on the results of confirmation of the previous disposition, report on the date of release and report on the date of confirmation of the date of release);

1. Relevant Act of the crime, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of driving without a license) of the Road Traffic Act, Article 231 of the Criminal Act, the Criminal Act.

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