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(영문) 대전지방법원 2014.02.19 2013고단4123
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 31, 2009, the defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 31, 2009, and on August 14, 2013, the same court was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act, and the judgment became final and conclusive on August 22, 20

On August 2, 2013, at around 15:00, the Defendant driven DSS5 automobiles while under the influence of alcohol of about 0.172% of alcohol concentration without obtaining a driver's license from around 4km to the same Samsung Home, which is located in the Dop high school located in Seo-gu Daejeon, Seo-gu, Daejeon to the same Samsung Smart Home.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. The actual condition of traffic;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

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

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime of violating the Road Traffic Act due to the influence of drinking, whichever is heavier)

1. The sentence of imprisonment with prison labor, such as the order, shall be imposed on the accused, considering the fact that the sentence was sentenced to a suspended sentence for the reason of selective sentence of imprisonment with prison labor for the previous crime of violation of the Road Traffic Act, but the same crime was repeated during the suspended sentence;

However, in order to guarantee the right of defense against the defendant in relation to the crime of violation of the Road Traffic Act (driving) under which the defendant is denied, the court's custody shall not be made against the defendant.

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