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(영문) 대전지방법원 2019.09.27 2019고단2897
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On October 18, 2018, the Defendant was sentenced to imprisonment with prison labor for 10 months or for 2 years of suspended execution for a violation of the Road Traffic Act in Young-dong branch of the Youngju District Court on October 18, 2018, and the judgment becomes final and conclusive on October 26, 2018 and is currently under suspended execution.

1. On July 9, 2019, the Defendant, around 09:00 on July 9, 2019, driven a motor vehicle by a DNA fluoring hole without a motor vehicle driver’s license, from around the road near Sejong Special Self-Governing City B apartment complex to the road near the Sejong Special Self-Governing City B apartment complex to at least 5-lane 26 of the bathing beach, Chungcheongnam-si, Chungcheongnam-do.

2. On July 9, 2019, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on June 25, 2010, and was sentenced to a summary order of four million won of a fine at the Daejeon District Court on February 15, 2008 due to a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more due to drinking driving, on July 9, 2019, at around 17:40, the Defendant driven the said D D Dpo-proping vehicle under the influence of alcohol content of 0.046% without a car driver’s license, from around the roads near the Seoul Special Metropolitan City Student Maritime Education Center, to the roads near the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Report on the circumstantial statement of a drinking driver, report on the results of the drinking driving control, inquiry into the results of the drinking driving control, insertion, the circumstantial report on the drinking driving, internal report, and the 112 report handling statement; and

1. The register of driver's licenses, and making inquiries into the car register;

1. Previous convictions: Criminal records, investigation reports (the reporting of confirmation during the period of suspension of execution of sentence, reporting of the same kind of records), judgments and copies of summary orders, and application of Acts and subordinate statutes to inquire into the details

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

1. Commercial concurrence;

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