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(영문) 대전지방법원 천안지원 2018.05.25 2017고단2117
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2012, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law in the Daejeon District Court's Branch of the Daejeon District Court on January 4, 2012. On January 9, 2013, the Defendant received a summary order of KRW 4 million for the same crime.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as above, on September 1, 2017, at the same time, the Defendant driven a DNA straw car under the influence of alcohol leveling to about 0.151% of alcohol level from the front side of the 4km section to the Hyundai Motor Vehicle in the same White-dong located in the same Gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

On April 23, 2012, the Defendant issued a summary order of KRW 1 million for a violation of road traffic law in the Daejeon District Court's branch on April 23, 2012, and on February 4, 2013, a summary order of KRW 4 million for the same offense in the same court on February 4, 2013, and on September 25, 2017, the Defendant was not detained for the same offense in the same court and is currently pending trial.

피고 인은 위와 같이 음주 운전 금지규정을 위반하여 2회 이상 처벌 받은 전력이 있음에도 불구하고 2018. 1. 11. 01:05 경 천안시 서 북구 불당동에 있는 상호 불상의 술집 앞 도로에서부터 같은 구 불당 4로 106에 있는 트윈 팰리스 앞 도로에 이르기까지 약 500m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.159% 의 술에 취한 상태에서 E 싼 타 페 승용차를 운전하였다.

Summary of Evidence

"2017 Highest 2117"

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written request for appraisal of alcohol concentration, a response to a request for appraisal, and an appraisal of alcohol concentration in the blood;

1. References to inquiries, such as criminal history, "2018 Highest 503";

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Written inquiries, such as criminal history;

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