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(영문) 대전지방법원 2014.09.24 2014고단1148
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 9, 2007, the Defendant was sentenced to a summary order of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on March 9, 2007; on October 8, 2010, the Defendant was sentenced to a summary order of one million won for a violation of the Road Traffic Act (driving) in the official support of the Daejeon District Court on September 8, 201; on September 12, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 12, 2013.

【Criminal Facts】

1. Around 17:30 on January 16, 2014, the Defendant driven a CMW 740Li car in the section of approximately 6km without a car driver’s license from the front of 3-51, Dong-dong, Dong-dong, Daejeon Metropolitan City, Seo-gu, Daejeon Metropolitan City to the front of Shho-dong 590 on the same day.

2. On January 17, 2014, at around 02:35, the Defendant used CWW 740Li car under the influence of alcohol content of about 0.118% without obtaining a driver’s license from the front side of the Dong-dong 3-51, Dong-dong, Daejeon Metropolitan City, Daejeon Metropolitan City to the actual inspection or front road located in Samsung 276-12, Dong-dong, Daejeon Metropolitan City, to the previous road.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Reports on traffic accidents and photographs on accident sites;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (reports on attachment of suspect-related judgments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a sound driving) concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of a driver's license without permission) concerning criminal facts;

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