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(영문) 대구지방법원 안동지원 2020.01.14 2019고단568

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

① On November 3, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act; ② on February 22, 2008, the same court received a summary order of KRW 1.5 million to a fine for the same crime; ③ on February 12, 2019, the Defendant was sentenced to a suspended sentence of two years to a fine of KRW 1.5 million to a fine for the same crime; ③ on February 20, 2019, the Defendant was sentenced to a suspended sentence of six months to a fine of KRW 1.5 million to a Daegu District Court for the same crime; and the period

1. Nevertheless, at around 21:55 on May 25, 2019, the Defendant driven a Fbanon-car under the influence of alcohol at a section of about 300 meters from the 300-meter radius to the Ethy road located in D, the economic department of the CF in the CFK-gun, D.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

2. Around 16:30 on May 25, 2019, the Defendant was driving the said vehicle without a driver’s license in a section of approximately 700 meters up to the front road of the economic department of the CF, starting from the road in front of the Defendant’s dwelling in the CFK G, and continued to drive the said vehicle without a driver’s license in the section specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition survey reports, field photographs, notification of the results of the crackdown on drinking driving, circumstantial statements of drinking drivers, investigation reports, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and the application of each written judgment and other statutes;

1. Article 148-2(1)1, Article 44(1), Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. The accused of the reasons for sentencing under Articles 40 and 50 of the Criminal Act (each of the crimes against drinking and unlicensed driving, and the crimes specified in the former).