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(영문) 대전지방법원 2017.11.15 2017고단574
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to a suspended sentence of two years for a special assault, etc. at the Daejeon District Court on February 3, 2016, and the said judgment became final and conclusive on February 12, 2016, and is currently in the grace period.

Criminal facts

[2017 Highest 574] On December 20, 2010, the Defendant was issued a summary order of KRW 3 million for a violation of Road Traffic Act (driving) at the Daejeon District Court on December 20, 201, and on January 24, 2013, the Daejeon District Court issued a summary order of KRW 6 million for the same offense, etc.

Nevertheless, on October 16, 2016, the Defendant did not obtain a driver’s license of a motor vehicle and driven Genz motor vehicle at approximately 500 meters in the direction of the 500-meter old new carbon path from the front day of the 1st week to the front day of the 756-lane 2, under the influence of alcohol content 0.087% in blood, while the Defendant was under the influence of alcohol content 0.087% in the blood.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

[2017 Highest 397] On June 1, 2017, the Defendant driven a balone-line truck with Hgallon while under the influence of alcohol 0.223% while under the influence of alcohol, without obtaining a driver’s license, from a ppuri park parking lot located in the Jung-gu Daejeon, Daejeon to the high-priced entrance of the Republic of Korea located in the same Dong from around 500 meters to the high-priced level of the aviation located in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

[2017 Highest 574]

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license (2017 highest 3977);

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger of driver's licenses for motor vehicles (before judgment): Investigative inquiries into criminal history, investigation reports (Attachment to the same type of judgment), investigation reports (prior to suspended execution and attachment of judgment), investigation reports (the same type of judgment).

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