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(영문) 대전지방법원 서산지원 2014.05.16 2014고단219
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 5, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on November 18, 201, a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver's License) at the same court on November 18, 201, respectively; on May 21, 2013, the Defendant issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act; on May 21, 2013, the Defendant was sentenced to imprisonment for a special obstruction of performance of official duties, for a violation of the Road Traffic Act (Free Driver's License) at the Ansan Branch Branch of the Suwon District Court on May 2

【Criminal Facts】

On February 13, 2014, the Defendant, without obtaining a driver’s license at around 23:30 on February 13, 2014, once again violated this, and drive the said vehicle under the influence of alcohol at least two times while under the influence of alcohol, while driving a vehicle under the influence of alcohol at least two times while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a user driver and report on request for appraisal;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Photographs related to traffic accidents;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Defendant, on the grounds of sentencing selected as a sentence of imprisonment with prison labor, re-driving without obtaining a license even though his license was revoked due to drinking driving. On May 21, 2013, as indicated in the above facts constituting the crime, the Defendant committed a special obstruction of performance of official duties in the Suwon District Court’s Ansan Branch.

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