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(영문) 대구지방법원영덕지원 2020.09.23 2020고단176

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 23, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court's jurisdiction on December 24, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving). On May 12, 2016, the Defendant was sentenced to imprisonment for six months for a crime of violation of the Road Traffic Act (driving) at the Daegu District Court's Daegu District Court's jurisdiction on September 18, 2019, and the execution of the sentence was terminated on May 17, 202.

1. Around 19:50 on July 11, 2020, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driven a number 125cc cc occin in a state of under the influence of alcohol 0.198% at a section of about 1.6 km from the front of the “C User” located in the B of Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City, to the dwelling of the Defendant located in D without obtaining a driver’s license.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road on which the mandatory insurance provided in the Guarantee of Automobile Accident Compensation Act is not subscribed;

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report, each internal investigation report, each report on the situation of driving under the influence of alcohol, the report on the circumstantial statement of a driver under the influence of alcohol, the report on 112 reported matters as a result of the control of drinking alcohol, the CD in the vehicle driving register, and each photograph;

1. Previous records of judgment: Application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records), criminal records, etc. inquiry reports;

1. Relevant Articles 148-2 (1) and 44 of the Road Traffic Act concerning criminal facts;