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(영문) 대구지방법원의성지원 2020.10.22 2020고단288

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Changwon District Court for a violation of the Road Traffic Act or a violation of the Road Traffic Act, and on August 31, 2018, the Defendant was sentenced to imprisonment with prison labor for ten months at the Changwon District Court for a violation of the Road Traffic Act. On April 19, 2019, the Defendant was sentenced to a fine of four million won at the Changwon District Court for a violation of the Road Traffic Act (unlicensed Driving). On August 21, 2019, the judgment became final and conclusive on January 21, 2020.

1. On January 2, 2020, at around 15:39, the Defendant driven an E E E E E e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e

2. On January 2, 2020, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.084%, without obtaining a driver’s license from the front of the above D to the front of the same Gu F, on a section of about 300 meters from the front of the above D to the front of the same Gu.

Therefore, although the defendant was punished for drunk driving, he did not obtain a driver's license, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. The handling table of 112 reported cases, reports on the occurrence of each traffic accident, and reports on each traffic accident, the scene of the accident and the photograph of each vehicle, respectively, of the defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, investigation report, and register of drivers' licenses (A);

1. Previous records of judgment: Criminal records, results of inquiry, results of integrated search, etc., and application of Acts and subordinate statutes, such as judgment;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of running a sound driving) of the same Act;

1. It is decided in Articles 40 and 50 of the Criminal Code.