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(영문) 대구지방법원 포항지원 2021.01.20 2020고단688

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

On March 3, 2008, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws (drinking driving) in the port branch of the Daegu District Court on March 3, 2008, a fine of two million won due to a violation of road traffic laws (dacting driving) in the same court on October 1, 2008, and a fine of six million won due to a violation of road traffic laws (dacting driving) in the same court on June 9, 2017.

"200 Highest 688"

1. On May 3, 2020, around 02:50, the Defendant driven a vehicle under the influence of alcohol concentration of about 0.208% in blood at the section of approximately 3km from the road near south-gu B, Nam-gu, Seoul to the road front of the same Gu D, without obtaining a driver’s license.

Accordingly, the Defendant violated the prohibition of driving at least twice while under the influence of alcohol, and at the same time, driven a motor vehicle without obtaining a driver's license.

“200 Highest 1480”

2. On October 6, 2020, the Defendant driven a motor vehicle with approximately 800 meters alcohol content at approximately 0.169% under the influence of alcohol while driving a motor vehicle without obtaining a driver’s license for a motor vehicle under the influence of alcohol content 0.169% from the road adjacent to the Injun-gu, Nam-gu, Nam-gu, the Southern-gu, the Republic of Korea, to the territory of Young-gu.

As a result, the Defendant violated drinking regulations at least twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Paragraph (1) of the crime committed by the defendant in the capacity of the court;

1. Provisions of paragraph (2) of the same Article concerning the facts constituting a violation of traffic laws (driving and driving without a license), notification of the results of regulating the driving of drinking, a statement of the situation of a driver driving, and the register of driver's licenses;

1. A report on the occurrence of a traffic accident, a field photograph, a survey report on actual condition of a traffic accident, a notification of the results of crackdown on the driving of alcohol, a report on the circumstances of a driver who takes driving, a report on the settlement of cases 12 and a driver's license register (A);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);

1. Driving under the respective provisions of the relevant Act on criminal facts: Road Traffic; and