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(영문) 대전지방법원 2018.11.14 2018고단2965
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was sentenced to a summary order of KRW 7 million for a fine on March 15, 2018 due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at Daejeon District Court, and a violation of the Road Traffic Act on October 19, 2006.

Although the Defendant had been punished twice or more due to drinking driving, on July 1, 2018, the Defendant driven a Dmp car under the influence of alcohol with approximately 0.109% of alcohol concentration in the blood alcohol level on the front of the 7-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong Do, without obtaining a driver's license on around 21:20 on July 1, 2018.

2. On July 1, 2018, the Defendant, at around 21:40 on July 1, 2018, was under the influence of driving a motor vehicle at the police station of the Daejeon East Police Station, and was under the control of driving a motor vehicle at the police station, as stated in paragraph (1) above, at around 7 1, 2018, and was demanded to present a driver’s license from F.

Accordingly, the defendant presented F the G's driver's license under the name of the Commissioner General of the Daejeon District Police Agency, which is an official document in possession at the time, as if the defendant was the driver's license of the defendant.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Statement of the police statement related to G;

1. Inquiries into the circumstantial statement report of the driver who is placed in driving, the driver's license register, and the results of regulating drinking;

1. Each report on investigation;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 230 of the Criminal Act concerning facts constituting an offense;

1. Article 40 of the Criminal Act, Articles 50 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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