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(영문) 의정부지방법원 2019.08.27 2019고단3033

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 20, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court. On October 19, 2015, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court. On October 17, 2016, the Defendant received a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act.

【Criminal Facts】

1. On August 6, 2018, around 08:09, the Defendant driven a D-to-pubed car without obtaining a driver’s license from the front day of the road in front of the city in Speaker-si B, as well as from around that time to April 15:24, 2019, the Defendant driven a D-to-pubed car without obtaining a driver’s license over 24 times in total, as shown in the list of crimes in the attached list of crimes.

2. On June 4, 2019, at around 06:55, the Defendant driven a D-hurd-hurd-hurged vehicle without obtaining a driver’s license in the section of about 3km from the E-road near the Government-Si, to the front road of the same city, while under the influence of alcohol of about 0.116%.

As a result, the defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle in a drunken state, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused (No. 32 No. 5 of the evidence list);

1. Delivery of a license ledger or investigative data (including attached documents);

1. The circumstantial statement report on the driver, the results of appraisal, and the report on detection of the driver;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (including the previous records, confirmation reports, and accompanying documents);

1. Relevant Act on criminal facts (amended by Act No. 16037, Dec. 24, 2018).

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