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(영문) 대전지방법원 2013.08.21 2013고단1449
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2013 Highest 1449] On July 28, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violation of the Road Traffic Act at the Daejeon District Court. On August 10, 2011, the Defendant was issued a summary order of three million won by the same court as the same crime.

On April 2, 2013, at around 12:50, the Defendant driven a ecoo vehicle B in the state of alcohol alcohol concentration of 0.146% without obtaining a driver’s license from the front of a restaurant where it is impossible to know the trade name in the Becoo-gu Daejeon-dong, Daejeon-dong to the front road of the Daejeon-dong 212 New Village Apartment-dong, Daejeon-dong, the Defendant driven a ecoo vehicle under the influence of alcohol concentration of 0.146%.

[2013Kadan2214] On July 28, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violation of the Road Traffic Act at the Daejeon District Court on July 28, 2008. On August 10, 2011, the Defendant was issued a summary order of three million won by the same court as the same crime.

On May 31, 2013, at around 09:21, the Defendant driven B Eccoo vehicle with a blood alcohol concentration of about 2 km from the front of a mutually unclaimed restaurant in the Jung-gu Daejeon Metropolitan City to the front road of the Macoo-ro, Daejeon Metropolitan City, without obtaining a driver's license in the section of approximately 2 km from the front of the board amcoo-dong in the Daejeon-gu, Daejeon, to the front of the amcoo-dong.

Summary of Evidence

[2013 Highest 1449]

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Records before judgment: Criminal records, etc. inquiry report (2013 highest 2214);

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The driver's license ledger;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a driver's license) of each Article of the corresponding Act on the facts constituting a crime under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Among the crimes of violation of the Road Traffic Act due to drinking and unlicensed driving as stated in each of the Articles 40 and 50 of the Criminal Code, each of them will be added.

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