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(영문) 대전지방법원 천안지원 2018.10.19 2017고단753
도로교통법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 753"

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a bandon vehicle, even in co-section B.

On November 28, 2016, the Defendant, while under the influence of alcohol level of 00:40% among blood, 0.10%, 27 Dok-ro 86, Asan-si, Sinsan-si, and Dok-do Dok-si at the front of the entrance of the long-term village, was driving a Dok-do vehicle on the road in front of the entrance of the long-term village, and was negligent in giving due attention necessary for the performance of duties while under the influence of alcohol, and caused damage on the repair cost due to the Defendant’s failure to repair the back part of the Dou Q7 vehicle owned by the victim C while parked on the road under the influence of alcohol.

2. The Defendant, at the time and place specified in paragraph 1, driven a vehicle B on the 5m section without obtaining a driver’s license in the blood level while under the influence of 0.102% of alcohol while driving a vehicle.

On March 5, 2017, the Defendant driven a Bcoon vehicle without obtaining a driver's license in approximately approximately 200 meters section from the front of the Jin-si cafeteria located near Pyeongtaek-si, Pyeongtaek-si to the front of the same Ri CPX distance, on March 5, 2017.

Summary of Evidence

"2017 Highest 753"

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. "2017 Height 850" of the scene of an accident;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 151 of the relevant Act concerning the facts constituting an offense, Article 148-2 subparagraph 2 of Article 148-2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the relevant Act concerning the driving without a license;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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