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(영문) 대전지방법원 논산지원 2018.01.09 2017고단728
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On November 16, 2004, the Defendant was sentenced to a summary order of 700,000 won for a violation of road traffic law in the Jeonju District Court's Gunsan Branch, and was sentenced to a summary order of 2 million won for the same crime on April 26, 2006, and was sentenced to a fine of 2 million won for the same crime on October 26, 2006, and was sentenced to a fine of 2 million won for the same crime on the support of the Daejeon District Court's Dosan Branch. On February 26, 2007, the Defendant was sentenced to a summary order of 2 million won for the same crime on October 10, 2008, and sentenced to a suspended sentence of 6 months for the same crime on September 25, 2009 to a fine of 3 million won for a violation of the Road Traffic Act (Seoul District Court's 13 million won for a fine of 2 million won on September 27, 2009).

[2] On July 14, 2017, the Defendant: (a) 21:30, without obtaining a driver’s license for a motor vehicle; (b) 0.183% alcohol concentration in blood, and (c) 0.183% alcohol density in the So-called So-called So-called So-called So-called So-Eup’s Property, and (d) from the road to the road No. 39-7, the Defendant driven C Poter truck from about 2km distance to the road No. 134, aro-7.

Accordingly, the defendant violated the prohibition of drinking without a driver's license on two occasions, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (drawing, driver's license without a license);

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 152 subparag. 1 of the Road Traffic Act.

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