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(영문) 대전지방법원 공주지원 2014.10.24 2014고단140
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 3, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act in the public support of the Daejeon District Court on March 14, 201, and a fine of KRW 3 million for the same crime in the same court on March 14, 2011, respectively. On January 23, 2013, the Defendant was sentenced to a suspension of execution for 8 months for the same crime, and was sentenced to a suspension of execution on January 31, 2013. The judgment became final and conclusive on January 31, 2013.

【Criminal Facts】

1. On March 7, 2014, at around 20:27, the Defendant driven B Poter truck with a blood alcohol concentration of about 0.221% under the influence of alcohol without obtaining a driver’s license at approximately 7km section from the front of the mutually aesthetic restaurant located in the amambal area of the ambal zone of the ambalian City to the front point located in the same ambalian-dong of the same city.

2. On April 23, 2014, at around 14:55, the Defendant driven B Poter cargo under the influence of alcohol content of 0.253% while under the influence of alcohol without obtaining a driver’s license from the section on the street from the front of a mutually unsular restaurant located in the Sejong-si, Sejong-si to the seat of 73.4km in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver without a license, a report on the circumstances of each driver with a license, an explanatory report, a report on the results of crackdown on driving without a license, a report on the details of crackdown on driving without a license, and a report on the situation

1. On-site photographs;

1. The register of driver's licenses;

1. Previous records: Application of criminal records, investigation reports (suspects' previous records and reports on the confirmation of criminal facts) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. The crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act by March 7, 2014 and the crimes of violation of the Road Traffic Act by March 7, 2014 and the crimes of violation of the Road Traffic Act by April 23, 2014 (the crime of violation of the Road Traffic Act by drinking).

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