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(영문) 대전지방법원 서산지원 2013.05.31 2013고단244
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the prosecution against the violation of the Road Traffic Act is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2011, the Defendant was sentenced to one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on September 9, 2011.

【Criminal Facts】

1. The crime committed on September 27, 2012;

A. At around 16:40 on September 27, 2012, the Defendant driven a csaw car with about 0.107% while under the influence of alcohol without obtaining a driver’s license on the section of about 10 meters from the 10 meters away from the Do near the high-speed bus terminal located northwest-si in Seosan-si, Seosan-si to the front side of the Yongsan-si.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a Mamasaw car that was not covered by mandatory insurance, such as the date, time, and place mentioned in the preceding paragraph.

2. On April 7, 2013, the Defendant: (a) driven a D body-man car under the influence of alcohol with approximately 300 meters alcohol concentration 0.13% without obtaining a driver’s license on the section from the Seosan Medical Center parking lot located in Seosan-si, Seosan-si to the front road in Seosan-si, Seosan-si; (b) around 18:00 on April 7, 2013, the Defendant driven a D body-man car under the influence of alcohol with approximately 0.133% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Each actual survey report, each on-site photograph, and each on-site report on the occurrence of a traffic accident;

1. Detailed statement of control, report on detection of each host driver, and circumstantial statement of each host driver;

1. The register of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Commercial concurrence;

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