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(영문) 대구지방법원 서부지원 2019.03.27 2018고단3417

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal power] On September 16, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving on a sound driving) at the Daegu District Court. On February 23, 2011, the Defendant issued a summary order of KRW 3 million for the same crime, etc. at the same court. On July 3, 2017, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving on a sound driving) at the Seo branch of the Daegu District Court.

【Criminal Facts】

1. On September 7, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) even though there were two or more times the charges for violating the prohibition of driving under the said provision, the Defendant driven a vehicle of Category C in the section of about 1km with a blood alcohol concentration of about 0.060% from the section of about 1km to the four distances from the Daegu Seo-gu B-gu, Daegu-gu, up to the four-lanes of the same Gu, without obtaining a driving license.

2. Around September 17:30, 2018, the Defendant driven a vehicle in Category C without obtaining a driver’s license in a section of about 300 meters from the front side of the Daegu-gu Franchising to the front side of the E-middle school located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on investigation, and a report on detection of violation of the law of guidance for drivers;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, each 112 Report Handling table, the register of driver's licenses, and making an inquiry into the motor vehicle;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry reports, investigation reports (Attachment of the same attached power), summary orders, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 [Violation of the Road Traffic Act at the time of the sale thereof] and the violation of the Road Traffic Act on September 7, 2018 (mutual crimes between driving without a license and punishment heavier.